KRS 355.2A-401: Insecurity: adequate assurance of performance.
Where this section sits in the code
(1) A lease contract imposes an obligation on each party that the other's expectation of
receiving due performance will not be impaired.
(2) If reasonable grounds for insecurity arise with respect to the performance of either
party, the insecure party may dema nd in writing adequate assurance of due
performance. Until the insecure party receives that assurance, if commercially
reasonable the insecure party may suspend any performance for which he has not
already received the agreed return.
(3) A repudiation of the lease contract occurs if assurance of due performance adequate
under the circumstances of the particular case is not provided to the insecure party
within a reasonable time, not to exceed thirty (30) days after receipt of a demand by
the other party.
(4) Between merchants, the reasonableness of grounds for insecurity and the adequacy
of any assurance offered must be determined according to commercial standards.
(5) Acceptance of any nonconforming delivery or payment does not prejudice the
aggrieved party's right to demand adequate assurance of future performance.
Collected 2026-09-05T20:58:43Z. Source file · JSON