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§12A-2A-207.
§12A-2A-207.
COURSE OF PERFORMANCE OR PRACTICAL CONSTRUCTION
(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 17 of this act on
modification and waiver, course of performance is relevant to show a
waiver or modification of any term inconsistent with the course of
performance.
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