West Virginia Code
Article 2A. Leases
§46-2A-406. Procedure on Excused Performance

(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under section 2A-405, 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 2A-510):
(a) Terminate the lease contract (section 2A-505(2)); or
(b) 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.
(2) If, after receipt of a notification from the lessor under section 2A-405, 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 West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 2A. Leases

§46-2A-101. Short Title

§46-2A-102. Scope

§46-2A-103. Definitions and Index of Definitions

§46-2A-104. Leases Subject to Other Law

§46-2A-105. Territorial Application of Article to Goods Covered by Certificate of Title

§46-2A-106. Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

§46-2A-107. Waiver or Renunciation of Claim or Right After Default

§46-2A-108. Unconscionability

§46-2A-109. Option to Accelerate at Will

§46-2A-201. Statute of Frauds

§46-2A-202. Final Written Expression: Parol or Extrinsic Evidence

§46-2A-203. Seals Inoperative

§46-2A-204. Formation in General

§46-2A-205. Firm Offers

§46-2A-206. Offer and Acceptance in Formation of Lease Contract

§46-2A-208. Modification, Rescission and Waiver

§46-2A-209. Lessee Under Finance Lease as Beneficiary of Supply Contract

§46-2A-210. Express Warranties

§46-2A-211. Warranties Against Interference and Against Infringement; Lessee's Obligation Against Infringement

§46-2A-212. Implied Warranty of Merchantability

§46-2A-213. Implied Warranty of Fitness for Particular Purpose

§46-2A-214. Exclusion or Modification of Warranties

§46-2A-215. Cumulation and Conflict of Warranties Express or Implied

§46-2A-216. Third-Party Beneficiaries of Express and Implied Warranties

§46-2A-217. Identification

§46-2A-218. Insurance and Proceeds

§46-2A-219. Risk of Loss

§46-2A-220. Effect of Default on Risk of Loss

§46-2A-221. Casualty to Identified Goods

§46-2A-301. Enforceability of Lease Contract

§46-2A-302. Title to and Possession of Goods

§46-2A-303. Alienability of Party's Interest Under Lease Contract or of Lessor's Residual Interest in Goods; Delegation of Performance; Transfer of Rights

§46-2A-304. Subsequent Lease of Goods by Lessor

§46-2A-305. Sale or Sublease of Goods by Lessee

§46-2A-306. Priority of Certain Liens Arising by Operation of Law

§46-2A-307. Priority of Liens Arising by Attachment or Levy On, Security Interests In, and Other Claims to Goods

§46-2A-308. Special Rights of Creditors

§46-2A-309. Lessor's and Lessee's Rights When Goods Become Fixtures

§46-2A-310. Lessor's and Lessee's Rights When Goods Become Accessions

§46-2A-311. Priority Subject to Subordination

§46-2A-401. Insecurity; Adequate Assurance of Performance

§46-2A-402. Anticipatory Repudiation

§46-2A-403. Retraction of Anticipatory Repudiation

§46-2A-404. Substituted Performance

§46-2A-405. Excused Performance

§46-2A-406. Procedure on Excused Performance

§46-2A-407. Irrevocable Promises; Finance Leases

§46-2A–501. Default; Procedure

§46-2A-502. Notice After Default

§46-2A-503. Modification or Impairment of Rights and Remedies

§46-2A-504. Liquidation of Damages

§46-2A-505. Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies

§46-2A-506. Statute of Limitations

§46-2A-507. Proof of Market Rent; Time and Place

§46-2A-508. Lessee's Remedies

§46-2A-509. Lessee's Rights on Improper Delivery; Rightful Rejection

§46-2A-510. Installment Lease Contracts; Rejection and Default

§46-2A-511. Merchant Lessee's Duties as to Rightfully Rejected Goods

§46-2A-512. Lessee's Duties as to Rightfully Rejected Goods

§46-2A-513. Cure by Lessor of Improper Tender or Delivery; Replacement

§46-2A-514. Waiver of Lessee's Objections

§46-2A-515. Acceptance of Goods

§46-2A-516. Effect of Acceptance of Goods; Notice of Default; Burden of Establishing Default After Acceptance; Notice of Claim or Litigation to Person Answerable Over

§46-2A-517. Revocation of Acceptance of Goods

§46-2A–518. Cover; Substitute Goods

§46-2A–519. Lessee's Damages for Nondelivery, Repudiation, Default, and Breach of Warranty in Regard to Accepted Goods

§46-2A-520. Lessee's Incidental and Consequential Damages

§46-2A-521. Lessee's Right to Specific Performance or Replevin

§46-2A-522. Lessee's Right to Goods on Lessor's Insolvency

§46-2A-523. Lessor's Remedies

§46-2A-524. Lessor's Right to Identify Goods to Lease Contract

§46-2A-525. Lessor's Right to Possession of Goods

§46-2A-526. Lessor's Stoppage of Delivery in Transit or Otherwise

§46-2A–527. Lessor's Rights to Dispose of Goods

§46-2A–528. Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default

§46-2A-529. Lessor's Action for the Rent

§46-2A-530. Lessor's Incidental Damages

§46-2A-531. Standing to Sue Third Parties for Injury to Goods

§46-2A-532. Lessor's Rights to Residual Interest