§12A-2A-405.

§12A-2A-405.
   
                            EXCUSED PERFORMANCE
                                      
   Subject to Section 44 of this act on substituted performance, the
   following rules apply:
   
   (a) Delay in delivery or nondelivery in whole or in part by a lessor
   or a supplier who complies with paragraphs (b) and (c) of this section
   is not a default under the lease contract if performance as agreed has
   been made impracticable by the occurrence of a contingency the
   nonoccurrence of which was a basic assumption on which the lease
   contract was made or by compliance in good faith with any applicable
   foreign or domestic governmental regulation or order, whether or not
   the regulation or order later proves to be invalid.
   
   (b) If the causes mentioned in paragraph (a) of this section affect
   only part of the lessor's or the supplier's capacity to perform, he
   shall allocate production and deliveries among his customers but at
   his option may include regular customers not then under contract for
   sale or lease as well as his own requirements for further manufacture.
   He may so allocate in any manner that is fair and reasonable.
   
   (c) The lessor seasonably shall notify the lessee and in the case of a
   finance lease the supplier seasonably shall notify the lessor and the
   lessee, if known, that there will be delay or nondelivery and, if
   allocation is required under paragraph (b) of this section, of the
   estimated quota thus made available for the lessee.