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This entry was published on 2014-09-22
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Substituted Performance
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 4
Section 2-A-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.