Section 2-A-404. Substituted Performance  


Latest version.
  • (1)  If  without fault of the lessee, the lessor and the supplier, the
      agreed berthing, loading, or unloading facilities  fail  or  the  agreed
      type  of  carrier  becomes  unavailable or the agreed manner of delivery
      otherwise  becomes  commercially  impracticable,  but   a   commercially
      reasonable  substitute  is available, the substitute performance must be
      tendered and accepted.
        (2) If the agreed means or manner of payment fails because of domestic
      or foreign governmental regulation:
             (a) the lessor  may  withhold  or  stop  delivery  or  cause  the
                 supplier  to  withhold  or  stop  delivery  unless the lessee
                 provides a means or manner of payment that is commercially  a
                 substantial equivalent; and
             (b) if  delivery  has already been taken, payment by the means or
                 in the manner  provided  by  the  regulation  discharges  the
                 lessee's  obligation unless the regulation is discriminatory,
                 oppressive, or predatory.