Okla. Stat. tit. 12A, § 2A-405 Excused Performance
Library | Oklahoma Statutes |
Edition | 2023 |
Currency | Current through Laws 2023EX1, c. 52. |
Year | 2023 |
Citation | Okla. Stat. tit. 12A, § 2A-405 |
Subject to Section 44 of this act on substituted performance, the following rules apply:
(a) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) of this section is not a default under the lease contract 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 lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.
(b) If the causes mentioned in paragraph (a) of this section affect only part of the lessor's or the supplier's capacity to perform, he shall allocate production and deliveries among his customers but at his option may include regular customers not then under contract for sale or lease as well as his own requirements for further manufacture. He may so allocate in any manner that is fair and reasonable.
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