Title 11, Chapter 2A, Section 207
( 11-2A-207)
Course of performance or practical construction. (1) If a lease contract involves repeated occasions for performance
by either party with knowledge of the nature of the performance and
opportunity for objection to it by the other, any course of
performance accepted or acquiesced in without objection is relevant
to determine the meaning of the lease agreement. (2) The express terms of a lease agreement and any course of
performance, as well as any course of dealing and usage of trade,
must be construed whenever reasonable as consistent with each other;
but if that construction is unreasonable, express terms control
course of performance, course of performance controls both course of
dealing and usage of trade, and course of dealing controls usage of
trade. (3) Subject to the provisions of Code Section 11-2A-208 on modification and waiver, course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance. |