Title 11, Chapter 2A, Section 405
( 11-2A-405)
Excused performance. Subject to Code Section 11-2A-404 on substituted performance, the following rules apply: (a) Delay in delivery or nondelivery in whole or in part by a
lessor or a supplier who complies with paragraphs (b) and (c) is
not a default under the lease contract if performance as agreed
has been made impracticable by the occurrence of a contingency the
nonoccurrence of which was a basic assumption on which the lease
contract was made or by compliance in good faith with any
applicable foreign or domestic governmental regulation or order,
whether or not the regulation or order later proves to be invalid. (b) If the causes mentioned in paragraph (a) affect only part of
the lessor's or the supplier's capacity to perform, he shall
allocate production and deliveries among his customers but at his
option may include regular customers not then under contract for
sale or lease as well as his own requirements for further
manufacture. He may so allocate in any manner that is fair and
reasonable. (c) The lessor seasonably shall notify the lessee and in the case
of a finance lease the supplier seasonably shall notify the lessor
and the lessee, if known, that there will be delay or nondelivery
and, if allocation is required under paragraph (b), of the
estimated quota thus made available for the lessee. |