§ 2311. The Citizen-Centric Report
TITLE 5: UNIFORM COMMERCIAL CODE DIVISION 2: SALES § 2311. Options and Cooperation Respecting Performance. (1) An agreement for sale which is otherwise sufficiently definite (5 CMC § 2204(3)) to be a contract is not made invalid by the fact that it leaves partic- ulars of performance to be specified by one of the parties. Any such specifica- tion must be made in good faith and within limits set by commercial reasona- bleness. (2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer’s option and except as otherwise provided in 5 CMC § 2319(1)(c) and (3) specifications or arrangements relating to shipment are at the seller’s option. (3) Where such specification would materially affect the other party’s per- formance but is not seasonably made or where one party’s cooperation is nec- essary to the agreed performance of the other but is not seasonably forthcom- ing, the other party in addition to all other remedies: (a) Is excused for any resulting delay in his own performance; and (b) May also either proceed to perform in any reasonable manner or af- ter the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods. Source: PL 3-56, § 1 (§ 2311).
Source: CNMI Law Revision Commission