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§12A-2A-404.
§12A-2A-404.
SUBSTITUTED PERFORMANCE
(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.
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