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 South Dakota Notice of Demand for Assurance of Performance Due to Delegation of Performance of Agreement is a legal document used in South Dakota to request that a party involved in a contractual agreement provide assurance that they will fulfill their obligations despite delegating some or all of their performance to a third party. This notice is typically sent when one party is concerned about the implications of the delegation on the overall performance of the agreement. Keywords: South Dakota, Notice of Demand, Assurance of Performance, Delegation of Performance, Agreement. Different types of South Dakota Notice of Demand for Assurance of Performance Due to Delegation of Performance of Agreement may include: 1. South Dakota Notice of Demand for Assurance of Performance Due to Partial Delegation: This type of notice is used when a party delegates only a portion of their performance obligations under the agreement to a third party. The notifying party seeks assurance from the delegating party that they will still fulfill their remaining obligations despite the delegation. 2. South Dakota Notice of Demand for Assurance of Performance Due to Complete Delegation: This notice is employed when a party delegates all of their performance obligations under the agreement to a third party. The notifying party requests assurance that the delegating party will still fulfill their remaining obligations despite delegating all aspects of performance. 3. South Dakota Notice of Demand for Assurance of Performance Due to Inadequate Delegation: This type of notice is sent when a party believes the delegation of performance by the other party is inadequate or insufficient. The notifying party demands assurance that the delegating party will make appropriate arrangements to meet their obligations or rectify the inadequacy of the delegation. 4. South Dakota Notice of Demand for Assurance of Performance Due to Unauthorized Delegation: This notice is used when a party discovers that the other party has delegated their performance to a third party without prior consent or authorization. The notifying party requests assurance that the delegating party will rectify the unauthorized delegation and perform their obligations directly as outlined in the original agreement. In each case, the South Dakota Notice of Demand for Assurance of Performance Due to Delegation of Performance of Agreement is a crucial legal document that emphasizes the need for reassurance and fulfillment of contractual obligations despite a delegation of performance.
