Ohio § 1310.45 Procedure on excused performance - UCC 2A-406

Ohio Statutes

§ 1310.45 — Procedure on excused performance - UCC 2A-406

Ohio § 1310.45

Title 13Commercial Transactions

Ch. 1310Leases

This text of Ohio § 1310.45 (Procedure on excused performance - UCC 2A-406) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1310.45 (2026).

Text

(A)If the lessee receives notification of a material or indefinite delay or of an allocation justified under section1310.44of the Revised Code, the lessee, 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 as provided in section1310.56of the Revised Code, may do either of the following:

(1)Terminate the lease contract, subject to division (B) of section1310.51of the Revised Code;

(2)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 aga

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(A) If the lessee receives notification of a material or indefinite delay or of an allocation justified under section1310.44of the Revised Code, the lessee, 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 as provided in section1310.56of the Revised Code, may do either of the following:

(1) Terminate the lease contract, subject to division (B) of section1310.51of the Revised Code;

(2) 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.

(B) If, after receipt of a notification from the lessor under division (C) of section1310.44of the Revised Code, the lessee fails to modify the lease agreement in accordance with division (A)(2) of this section within a reasonable time not exceeding thirty days, the lease contract lapses with respect to any deliveries affected.