§490:2A-404  Substituted performance.  (a) 
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.



(b)  If the agreed means or manner of payment
fails because of domestic or foreign governmental regulation:



(1)  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



(2)  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.
[L 1991, c 40, pt of §1]