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Notice By Buyer-Objection To Claimed Excuse



NOTICE BY BUYER-OBJECTION TO CLAIMED EXCUSE

Date: [Date of notice]

To: [First Name of Person being notified] [Last Name of Person being notified]
[Address of person being notified]
[City of person being notified], [State of person being notified]
[Zip Code of person being notified]

Dear [Mr./Mrs.] [Last Name of Person being notified]

I have your letter of [date of letter], claiming excuse, with respect to the performance of our agreement of [date of agreement], for the sale of [type of goods].

I deny the existence of an excuse of which you can claim the benefit by virtue of the statutory provision to which you refer. The nonoccurrence of [designation of condition], that you claim was an unforeseen contingency within the meaning of the above provision, was a risk that was within the contemplation of, and that you assumed in entering into, our agreement. I therefore claim that your claim of excuse under the above statute is an anticipatory repudiation of the agreement within the meaning of [citation of local enactment of UCC $ 2-610]. I request that you retract your claim of excuse within days of the date of this letter and within that same time provide me with reasonable assurance that you will render due performance of our agreement in accordance with the terms of the agreement.

Dated:



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