§ 2-A-405 — Excused Performance

Section 2-A-405. Excused Performance.\n (1) Subject to Section 2-A-404 on substituted performance, the\nfollowing rules apply:\n (a) delay in delivery or nondelivery in whole or in part by a\n lessor or a supplier who complies with paragraph (b) and\n subsection (2) is not a default under the lease contract if\n performance as agreed has been made impracticable by the\n occurrence of a contingency the nonoccurrence of which was a\n basic assumption on which the lease contract was made or by\n compliance in good faith with any applicable foreign or\n domestic governmental regulation or order, whether or not the\n regulation or order later proves to be invalid.\n (b) if the causes mentioned in paragraph (a) affect only part of\n the lessor's or the supplier's capacity to perform, he or she\n shall allocate production and deliveries among his or her\n customers but at his or her option may include regular\n customers not then under contract for sale or lease as well\n as his or her own requirements for further manufacture. He or\n she may so allocate in any manner that is fair and\n reasonable.\n (2) The lessor seasonably shall notify the lessee and in the case of a\nfinance lease the supplier seasonably shall notify the lessor and the\nlessee, if known, that there will be delay or nondelivery and, if\nallocation is required under subsection (1) (b), of the estimated quota\nthus made available for the lessee.\n