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§12A-2A-406.
§12A-2A-406.
PROCEDURE ON EXCUSED PERFORMANCE
(1) If the lessee receives notification of a material or indefinite
delay or an allocation justified under Section 45 of this act, the
lessee, by written notification to the lessor as to any goods
involved, and with respect to all of the goods if under an installment
lease contract the value of the whole lease contract is substantially
impaired (Section 57 of this act) may:
(a) terminate the lease contract (subsection (2) of Section 52 of this
act); or
(b) except in a finance lease that is not a consumer lease, modify the
lease contract by accepting the available quota in substitution, with
due allowance from the rent payable for the balance of the lease term
for the deficiency but without further right against the lessor.
(2) If, after receipt of a notification from the lessor under Section
45 of this act, the lessee fails so to modify the lease agreement
within a reasonable time not exceeding thirty (30) days, the lease
contract lapses with respect to any deliveries affected.
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