§ 6A-2.1-404. 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 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.
History of Section.P.L. 1991, ch. 305, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Part 4 - Performance of Lease Contract: Repudiated, Substituted, and Excused
Section 6A-2.1-401. - Insecurity: Adequate assurance of performance.
Section 6A-2.1-402. - Anticipatory repudiation.
Section 6A-2.1-403. - Retraction of anticipatory repudiation.
Section 6A-2.1-404. - Substituted performance.
Section 6A-2.1-405. - Excused performance.