North Dakota Century Code Title 9. Contracts and Obligations § 9-01-16. Enforcement of obligations--Prerequisites

Before any party to an obligation can require another party to perform any act under it, that party shall fulfill all conditions precedent thereto imposed upon that party and must be able, and shall offer, to fulfill all conditions concurrent so imposed upon that party on the like fulfillment by the other party, but if one party to the obligation gives notice to another before the latter is in default that that party will not perform the same upon that party's part and does not retract such notice before the time at which performance upon that party's part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon the other party's part in favor of the former party.