(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 manner of delivery
otherwise  becomes  commercially  impracticable,  but   a   commercially
reasonable  substitute  is available, the substitute performance must be
tendered and accepted.
  (2) If the agreed means or manner of payment fails because of domestic
or foreign governmental regulation:
       (a) 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
       (b) 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.
Structure New York Laws
Part 4 - Performance of Lease Contract: Repudiated, Substituted and Excused
2-A-401 - Insecurity: Adequate Assurance of Performance.
2-A-402 - Anticipatory Repudiation.
2-A-403 - Retraction of Anticipatory Repudiation.
2-A-404 - Substituted Performance.
2-A-405 - Excused Performance.