2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 2A4 - Performance of Lease Contract: Repudiated, Substituted and Excused
2A404 - Substituted performance.

     § 2A404.  Substituted performance.
        (a)  Manner of delivery.--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.
        (b)  Manner of payment.--If the agreed means or manner of
     payment fails because of domestic or foreign governmental
     regulation:
            (1)  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
            (2)  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.

        Cross References.  Section 2A404 is referred to in section
     2A405 of this title.