(a) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final.
(b) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under § 28:2A-401.
(c) Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
CREDIT(S)
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
Uniform Statutory Source: Section 2-611.
Changes: Revised to reflect leasing practices and terminology. Note that in the analogue to subsection (2) (Section 2-611(2)) the adjective “justifiably” modifies demanded. The adjective was deleted here (as it was in Section 2A-401) as unnecessary, implying no substantive change.
Definitional Cross References:
“Aggrieved party”. Section 1-201(2).
“Cancellation”. Section 2A-103(1)(b).
“Lease contract”. Section 2A-103(1)(l).
“Party”. Section 1-201(29).
“Rights”. Section 1-201(36).
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 28:2A-403.
Legislative History of Laws
For legislative history of D.C. Law 9-128, see Historical and Statutory Notes following § 28:2A-101.