Section 2-A-207. Course of Performance or Practical Construction  


Latest version.
  • (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 Section 2-A-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.