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Notice of Objection Regarding Late Performance in Delivery of Goods and Demand Assurance. The seller in a contract for the sale of goods has performance obligations under the UCC, including perfect tender and the duty to mitigate their damages.Poor On-Time Delivery (OTD) performance impacts more than customers — it's usually an indicator of poor production efficiency and material handling procedures. A motion to accept an untimely filing must explain the reasons for the late filing and show good cause for acceptance of the filing. The contracting officer shall send a cure notice prior to terminating a contract for a reason other than late delivery. You must give tenant 3-days' notice that you intend to start eviction if the tenant does not pay the full amount past due. Termination upon Notice. Complete the Special Civil Part complaint (Form A in the Kit). (c) Notice of Filing. 6.4.