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§ 2A404. Substituted performance

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial Code

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 13 Pa.C.S.A. Commercial Code (Refs & Annos)
Division 2a. Leases (Refs & Annos)
Chapter 2A4. Performance of Lease Contract: Repudiated, Substituted and Excused
13 Pa.C.S.A. § 2A404
§ 2A404. Substituted performance
Currentness
(a) Manner of delivery.--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.
(b) Manner of payment.--If the agreed means or manner of payment fails because of domestic or foreign governmental regulation:
(1) 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
(2) 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.

Credits

1992, July 9, P.L. 507, No. 97, § 3, effective in one year.
13 Pa.C.S.A. § 2A404, PA ST 13 Pa.C.S.A. § 2A404
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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