GroundRules
← Search the law
Kentucky · Snapshot 09/05/2026

KRS 355.2A-401: Insecurity: adequate assurance of performance.

Read at publisher ↗
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

    Browse this collection