Section 2-609 of the Uniform Commercial Code provides:
(1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.
(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.
(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.
(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
A Hawaii Notice of Demand for Assurance of Performance Due to Delegation of Performance of Agreement is a legal document used in the state of Hawaii to request assurance from a party who has delegated their performance obligations under an agreement to another party. This notice seeks confirmation that the delegated party will fulfill their responsibilities as required by the original agreement. In Hawaii, there are several types of Notice of Demand for Assurance of Performance Due to Delegation of Performance of Agreement: 1. Commercial Lease Agreement: If a landlord has delegated the management or maintenance responsibilities of a commercial property to a third party, the tenant may issue this notice to request assurance that the delegated party will fulfill their obligations according to the lease agreement. 2. Construction Contract: In the construction industry, a contractor might delegate certain aspects of a project to subcontractors or suppliers. This notice can be used by the project owner or general contractor to demand assurance from the delegating party that their designated subcontractors will perform their duties as agreed upon in the original contract. 3. Service Agreement: If a service provider delegates the provision of services to another entity, the recipient of the services can issue this notice to demand assurance that the delegated party will fulfill the obligations outlined in the original service agreement. 4. Partnership Agreement: In a partnership, one partner may delegate certain responsibilities or tasks to another individual or entity. This notice can be used by other partners in the business to demand assurance that the delegated party will perform their duties and obligations per the partnership agreement. 5. Employment Contract: When an employer delegates specific job responsibilities to another employee or a third-party contractor, the affected employee can issue this notice to request assurance from the delegating party that the assigned tasks will be carried out according to the terms of the employment contract. It is important to note that the specific content and language of a Hawaii Notice of Demand for Assurance of Performance may vary depending on the type of agreement or contract being referenced.
