§ 2A406. Procedure on excused performance.
(a) Right of lessee to terminate or modify contract.--If the lessee receives notification of a material or indefinite delay or an allocation justified under section 2A405 (relating to excused performance), the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (section 2A510):
(1) terminate the lease contract (section 2A505(b)); or
(2) except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.
(b) Time limitation on modification.--If, after receipt of a notification from the lessor under section 2A405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 2A4 - Performance of Lease Contract: Repudiated, Substituted and Excused
Section 2A401 - Insecurity: adequate assurance of performance
Section 2A402 - Anticipatory repudiation
Section 2A403 - Retraction of anticipatory repudiation
Section 2A404 - Substituted performance
Section 2A405 - Excused performance