§ 10406. — 10406. (Amended by Stats. 1991, Ch. 111, Sec. 38.)

California § 10406.

• Jurisdiction: California
• Code COM: Commercial Code - COM
• Div. 10.: DIVISION 10. PERSONAL PROPERTY LEASES
• Ch. 4.: CHAPTER 4. Performance of Leased Contract: Repudiated, Substituted, and Excused

Text

(a)
If the lessee receives notification of a material or indefinite delay or an allocation justified under Section 10405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Section 10510):
(1)
Terminate the lease contract (subdivision (b) of Section 10505); or
(2)
Except in a finance lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.
(b)
If, after receipt of a notification from the lessor under Section 10405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to
any deliveries affected.

Legislative History

Amended by Stats. 1991, Ch. 111, Sec. 38. Effective July 15, 1991.