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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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