KRS 355.2-616: Procedure on notice claiming excuse.

(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 (KRS 355.2 -612), then also as to

the whole,

(a) terminate and thereby discharge any unexecuted portion of the contract; or

(b) modify the contract by agreeing to take his available quota in 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 (30) days the contract lapses

with respect to any deliveries affected.

(3) The provisions of this section may not be negated by agreement except in so far as

the seller has assumed a greater obligation under KRS 355.2-615.