Montana § 30-2A-406 Procedure On Excused Performance

Montana Statutes

§ 30-2A-406 — Procedure On Excused Performance

Montana § 30-2A-406

Title 30TRADE AND COMMERCE

Ch. 2AUNIFORM COMMERCIAL CODE LEASES

Part 4Performance of Lease Contract Repudiated, Substituted, and Excused

This text of Montana § 30-2A-406 (Procedure On Excused Performance) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 30-2A-406 (2026).

Text

30-2A-406 . Procedure on excused performance.

(1)If the lessee receives notification of a material or indefinite delay or an allocation justified under 30-2A-405 , 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 ( 30-2A-510 ):

(a)terminate the lease contract ( 30-2A-505 (2)); or

(b)except in a finance lease that is not a consumer 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.

(2)If, after receipt of a notification from the lessor under 30-2A-402

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30-2A-406 . Procedure on excused performance. (1) If the lessee receives notification of a material or indefinite delay or an allocation justified under 30-2A-405 , 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 ( 30-2A-510 ):
(a) terminate the lease contract ( 30-2A-505 (2)); or
(b) except in a finance lease that is not a consumer 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.
(2) If, after receipt of a notification from the lessor under 30-2A-402 , 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.