When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on the debtor's part, the debtor may make the debtor's offer to depend upon the due performance of such condition.
N.D. Cent. Code § 9-12-21
Offer of performance - Contingency
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.