Section 5-1602. Continuity of contract  


Latest version.
  • 1. (a) If a subject or medium of
      payment of a contract, security or instrument is  a  currency  that  has
      been   substituted  or  replaced  by  the  euro,  the  euro  will  be  a
      commercially reasonable substitute and substantial equivalent  that  may
      be  either:  (i) used in determining the value of such currency; or (ii)
      tendered, in  each  case  at  the  conversion  rate  specified  in,  and
      otherwise  calculated in accordance with, the regulations adopted by the
      council of the European Union.
        (b) If a subject or medium of  payment  of  a  contract,  security  or
      instrument  is  the  ECU,  the  euro  will  be a commercially reasonable
      substitute and substantial equivalent that may be either:  (i)  used  in
      determining  the value of the ECU; or (ii) tendered, in each case at the
      conversion rate specified in, and  otherwise  calculated  in  accordance
      with, the regulations adopted by the Council of the European Union.
        (c)  Performance  of any of the obligations described in paragraph (a)
      or (b) of this subdivision may be made in  the  currency  or  currencies
      originally  designated in such contract, security or instrument (so long
      as such currency or currencies remain legal tender) or in euro, but  not
      in  any  other currency, whether or not such other currency (i) has been
      substituted or replaced by the euro  or  (ii)  is  a  currency  that  is
      considered  a  denomination  of the euro and has a fixed conversion rate
      with respect to the euro.
        2. None of: (a) the introduction of the euro;  (b)  the  tendering  of
      euros in connection with any obligation in compliance with paragraph (a)
      or  (b)  of  subdivision one of this section; (c) the determining of the
      value of any obligation in compliance  with  paragraph  (a)  or  (b)  of
      subdivision  one  of this section; or (d) the calculating or determining
      of the  subject  or  medium  of  payment  of  a  contract,  security  or
      instrument  with  reference  to  interest  rate  or other basis has been
      substituted or replaced due to the introduction of the euro and that  is
      a  commercially  reasonable substitute and substantial equivalent, shall
      either have the effect of discharging or excusing performance under  any
      contract,  security  or  instrument,  or  give  a  party  the  right  to
      unilaterally alter or terminate any contract, security or instrument.