2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 2A4 - Performance of Lease Contract: Repudiated, Substituted and Excused
2A406 - Procedure on excused performance.

     § 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.

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