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Georgia State Code
Title      11
Chapter      2A  
Section Navigation   101 ... 201         202 ... 211   
   212 ... 221       301 ... 310   
   311 ... 502       503 ... 512   
   513 ... 522       523 ... 532     
Section<<< 202 203 204 205 206 207 208 209 210 211 >>>  
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.

Friday September 5 05:48 CDT


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