Procedure on Excused Performance

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Leases
  5. Performance of Lease Contract: Repudiated, Substituted and Excused
  6. Procedure on Excused Performance

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  1. If the lessee receives notification of a material or indefinite delay or an allocation justified under Code Section 11-2A-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 (Code Section 11-2A-510):
  1. Terminate the lease contract (Code Section 11-2A-505(2)); 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.

If, after receipt of a notification from the lessor under Code Section 11-2A-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.

(Code 1981, §11-2A-406, enacted by Ga. L. 1993, p. 633, § 1.)

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2A-406.


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