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§12A-3-504.
§12A-3-504.
EXCUSED PRESENTMENT AND NOTICE OF DISHONOR
(a) Presentment for payment or acceptance of an instrument is excused
if (i) the person entitled to present the instrument cannot with
reasonable diligence make presentment, (ii) the maker or acceptor has
repudiated an obligation to pay the instrument or is dead or in
insolvency proceedings, (iii) by the terms of the instrument
presentment is not necessary to enforce the obligation of indorsers or
the drawer, (iv) the drawer or indorser whose obligation is being
enforced has waived presentment or otherwise has no reason to expect
or right to require that the instrument be paid or accepted, or (v)
the drawer instructed the drawee not to pay or accept the draft or the
drawee was not obligated to the drawer to pay the draft.
(b) Notice of dishonor is excused if (i) by the terms of the
instrument notice of dishonor is not necessary to enforce the
obligation of a party to pay the instrument, or (ii) the party whose
obligation is being enforced waived notice of dishonor. A waiver of
presentment is also a waiver of notice of dishonor.
(c) Delay in giving notice of dishonor is excused if the delay was
caused by circumstances beyond the control of the person giving the
notice and the person giving the notice exercised reasonable diligence
after the cause of the delay ceased to operate.
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