Section 2-A-406. Procedure on Excused Performance  


Latest version.
  • (1)  If  the  lessee receives notification of a material or indefinite
      delay or an allocation justified under Section 2-A-405, the  lessee  may
      by written notification to the lessor as to any goods involved, and with
      respect  to  all of the goods if under an installment lease contract the
      value of the whole lease contract  is  substantially  impaired  (Section   2-A-510):
             (a) terminate the lease contract (Section 2-A-505(2)); or
             (b) except  in  a  finance  lease  that  is not a consumer lease,
                 modify the lease contract by accepting the available quota in
                 substitution, with due allowance from the  rent  payable  for
                 the  balance of the lease term for the deficiency but without
                 further right against the lessor.
        (2) If, after receipt of a notification from the lessor under  Section   2-A-405,  the  lessee  fails  so  to modify the lease agreement within a
      reasonable time not exceeding thirty days,  the  lease  contract  lapses
      with respect to any deliveries affected.