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Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state as provided in Subsection 75-5b-203(1)(a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under Section 75-5b-202, it may proceed with the case unless a court in another state acquires jurisdiction under Section 75-5b-202 before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under Section 75-5b-202, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:
(1) Delay in delivery or nondelivery in whole or in part by a seller who complies with Subsections (2) and (3) is not a breach of his duty under a contract for sale 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 contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.
(2) Where the causes mentioned in Subsection (1) affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.
(3) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under Subsection (2), of the estimated quota thus made available for the buyer.
Cite this article: FindLaw.com - Utah Code Title 75. Utah Uniform Probate Code § 75-5b-208. Proceedings in more than one state - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-75-utah-uniform-probate-code/ut-code-sect-75-5b-208.html
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