A court order is required to force a party to provide adequate assurance unless a repudiation or anticipatory repudiation has occurred.

Question

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A court order is not always required for a party to provide adequate assurance. If a party fails to provide adequate assurance after a reasonable request from the other party, then the other party may treat it as a repudiation or anticipatory repudiation of the contract and seek remedies. In such cases, a court order may not be required before seeking remedies.

A Court Order Is Required to Force a Party to Provide