§ 2A-404. SUBSTITUTED PERFORMANCE
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/us/ucc/a2A/s2A-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.