70A-2a-404 - Substituted performance. - Utah Statutes

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70A-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 mannerof delivery otherwise becomes commercially impracticable, but a commercially reasonablesubstitute is available, the substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreigngovernmental regulation:
(a) the lessor may withhold or stop delivery or cause the supplier to withhold or stopdelivery unless the lessee provides a means or manner of payment that is commercially asubstantial equivalent; and
(b) if delivery has already been taken, payment by the means or in the manner providedby the regulation discharges the lessee's obligation unless the regulation is discriminatory,oppressive, or predatory.

Enacted by Chapter 197, 1990 General Session

State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-404

70A-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 mannerof delivery otherwise becomes commercially impracticable, but a commercially reasonablesubstitute is available, the substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreigngovernmental regulation:
(a) the lessor may withhold or stop delivery or cause the supplier to withhold or stopdelivery unless the lessee provides a means or manner of payment that is commercially asubstantial equivalent; and
(b) if delivery has already been taken, payment by the means or in the manner providedby the regulation discharges the lessee's obligation unless the regulation is discriminatory,oppressive, or predatory.

Enacted by Chapter 197, 1990 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02a > 70a-2a-404

70A-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 mannerof delivery otherwise becomes commercially impracticable, but a commercially reasonablesubstitute is available, the substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or foreigngovernmental regulation:
(a) the lessor may withhold or stop delivery or cause the supplier to withhold or stopdelivery unless the lessee provides a means or manner of payment that is commercially asubstantial equivalent; and
(b) if delivery has already been taken, payment by the means or in the manner providedby the regulation discharges the lessee's obligation unless the regulation is discriminatory,oppressive, or predatory.

Enacted by Chapter 197, 1990 General Session