§ 4-2.5-404 — Substituted performance

Colorado § 4-2.5-404

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Leases

Text

(1) If without fault of the lessee, the
lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or
the agreed type of carrier becomes unavailable or the agreed manner of delivery
otherwise becomes commercially impracticable, but a commercially reasonable
substitute is available, the substitute performance must be tendered and accepted.

(2) If the agreed means or manner of payment fails because of domestic or
foreign governmental regulation:

(a) The lessor may withhold or stop delivery or cause the supplier to withhold
or stop delivery unless the lessee provides a means or manner of payment that is
commercially a substantial equivalent; and

(b) If delivery has already been taken, payment by the means or in the
manner provided by the regulation discharges the lessee's obligation unless the
regulation is discriminatory, oppressive, or predatory.

Legislative History

Source: L. 91: Entire article added, p. 298, � 1, effective July 1, 1992.