59.1-506.7 - Copy; performance related to delivery; payment.
§ 59.1-506.7. Copy; performance related to delivery; payment.
(a) If performance requires delivery of a copy, the following rules apply:
(1) The party required to deliver need not complete a tendered delivery untilthe receiving party tenders any performance then due.
(2) Tender of delivery is a condition of the other party's duty to accept thecopy and entitles the tendering party to acceptance of the copy.
(b) If payment is due on delivery of a copy, the following rules apply:
(1) Tender of delivery is a condition of the receiving party's duty to payand entitles the tendering party to payment according to the contract.
(2) All copies required by the contract must be tendered in a singledelivery, and payment is due only on tender.
(c) If the circumstances give either party the right to make or demanddelivery in lots, the contract fee, if it can be apportioned, may be demandedfor each lot.
(d) If payment is due and demanded on delivery of a copy or on delivery of adocument of title, the right of the party receiving tender to retain ordispose of the copy or document, as against the tendering party, isconditioned on making the payment due.
(2000, cc. 101, 996.)