(810 ILCS 5/2-616) (from Ch. 26, par. 2-616)
Sec. 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 (Section 2-612), then also
as to the whole,
(a) terminate and thereby discharge any unexecuted |
| portion of the contract; or
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(b) modify the contract by agreeing to take his
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| available quota in substitution.
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(2) If after receipt of such notification from the seller the buyer
fails so to modify the contract within a reasonable time not exceeding
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
the preceding section.
(Source: Laws 1961, p. 2101.)
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