§ 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
(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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