Subject to G.S 25‑2A‑404on substituted performance, the following rules apply:
(a) delay in delivery ornondelivery in whole or in part by a lessor or a supplier who complies withparagraphs (b) and (c) is not a default under the lease contract if performanceas agreed has been made impracticable by the occurrence of a contingency, thenonoccurrence of which was a basic assumption on which the lease contract wasmade, or by compliance in good faith with any applicable foreign or domesticgovernmental regulation or order, whether or not the regulation or order laterproves to be invalid.
(b) if the causesmentioned in paragraph (a) affect only part of the lessor's or the supplier'scapacity to perform, he shall allocate production and deliveries among hiscustomers but at his option may include regular customers not then undercontract for sale or lease as well as his own requirements for furthermanufacture. He may so allocate in any manner that is fair and reasonable.
(c) the lessorseasonably shall notify the lessee and in the case of a finance lease thesupplier seasonably shall notify the lessor and the lessee, if known, thatthere will be delay or nondelivery and, if allocation is required underparagraph (b), of the estimated quota thus made available for the lessee. (1993,c. 463, s. 1.)
Subject to G.S 25‑2A‑404on substituted performance, the following rules apply:
(a) delay in delivery ornondelivery in whole or in part by a lessor or a supplier who complies withparagraphs (b) and (c) is not a default under the lease contract if performanceas agreed has been made impracticable by the occurrence of a contingency, thenonoccurrence of which was a basic assumption on which the lease contract wasmade, or by compliance in good faith with any applicable foreign or domesticgovernmental regulation or order, whether or not the regulation or order laterproves to be invalid.
(b) if the causesmentioned in paragraph (a) affect only part of the lessor's or the supplier'scapacity to perform, he shall allocate production and deliveries among hiscustomers but at his option may include regular customers not then undercontract for sale or lease as well as his own requirements for furthermanufacture. He may so allocate in any manner that is fair and reasonable.
(c) the lessorseasonably shall notify the lessee and in the case of a finance lease thesupplier seasonably shall notify the lessor and the lessee, if known, thatthere will be delay or nondelivery and, if allocation is required underparagraph (b), of the estimated quota thus made available for the lessee. (1993,c. 463, s. 1.)
Subject to G.S 25‑2A‑404on substituted performance, the following rules apply:
(a) delay in delivery ornondelivery in whole or in part by a lessor or a supplier who complies withparagraphs (b) and (c) is not a default under the lease contract if performanceas agreed has been made impracticable by the occurrence of a contingency, thenonoccurrence of which was a basic assumption on which the lease contract wasmade, or by compliance in good faith with any applicable foreign or domesticgovernmental regulation or order, whether or not the regulation or order laterproves to be invalid.
(b) if the causesmentioned in paragraph (a) affect only part of the lessor's or the supplier'scapacity to perform, he shall allocate production and deliveries among hiscustomers but at his option may include regular customers not then undercontract for sale or lease as well as his own requirements for furthermanufacture. He may so allocate in any manner that is fair and reasonable.
(c) the lessorseasonably shall notify the lessee and in the case of a finance lease thesupplier seasonably shall notify the lessor and the lessee, if known, thatthere will be delay or nondelivery and, if allocation is required underparagraph (b), of the estimated quota thus made available for the lessee. (1993,c. 463, s. 1.)
