West Virginia Code § 46-2A-402

Anticipatory repudiation
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If either party repudiates a lease contract with respect to a performance not yet due under
the lease contract, the loss of which performance will substantially impair the value of the
lease contract to the other, the aggrieved party may:
(a) For a commercially reasonable time, await retraction of repudiation and performance by
the repudiating party;
(b) Make demand pursuant to section 2A-401 and await assurance of future performance
adequate under the circumstances of the particular case; or u
(c) Resort to any right or remedy upon default under the lease contract or this article, even
though the aggrieved party has notified the repudiating party that the aggrieved party would
await the repudiating party's performance and assuranace and has urged retraction. In
addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the
aggrieved party may suspend performance or, if thle aggrieved party is the lessor, proceed in
accordance with the provisions of this article son the lessor's right to identify goods to the
lease contract notwithstanding default or to salvage unfinished goods (section 2A-524).

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