West Virginia Code § 46-2-616

Procedure on notice claiming excuse
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(1) Where the buyer receives notification of a material or indefinite delay or an allocation
justified under the preceding section he may by written notification to the seller as to any
delivery concerned, and where the prospective deficiency substantially impairs the value of
the whole contract under the provisions of this article relating to breach of installment
contracts (section 2-612), then also as to the whole, e
(a) terminate and thereby discharge any unexecuted portion of the contract; or
(b) modify the contract by agreeing to take his available quota inu substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify the
contract within a reasonable time not exceeding thirty days the contract lapses with respect
to any deliveries affected. a
(3) The provisions of this section may not be negateld by agreement except insofar as the
seller has assumed a greater obligation under the preceding section.
Part 7. remedies.

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