Pennsylvania § 2A404 Substituted performance

Pennsylvania Statutes

§ 2A404 — Substituted performance

Pennsylvania § 2A404

Title 13COMMERCIAL CODE

Ch. 2A4PERFORMANCE OF LEASE CONTRACT: REPUDIATED,

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Bluebook

13 Pa. Cons. Stat. § 2A404 (2026).

Text

(a)Manner of delivery.--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.

(b)Manner of payment.--If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:

(1)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

(2)if delivery has already been taken, payment by the means or in the manner pr

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(a) Manner of delivery.--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.

(b) Manner of payment.--If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:

(1) 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

(2) 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.