2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A4 - Performance of Lease Contract: Repudiated, Substituted and Excused
Section 2A405 - Excused performance

     § 2A405.  Excused performance.
        Subject to section 2A404 (relating to substituted
     performance), the following rules apply:
            (1)  Delay in delivery or nondelivery in whole or in part
        by a lessor or a supplier who complies with paragraphs (2)
        and (3) is not a default under the lease contract if
        performance as agreed has been made impracticable by the
        occurrence of a contingency the nonoccurrence of which was a
        basic assumption on which the lease contract was made or by
        compliance in good faith with any applicable foreign or
        domestic governmental regulation or order, whether or not the
        regulation or order later proves to be invalid.
            (2)  If the causes mentioned in paragraph (1) affect only
        part of the lessor's or the supplier's capacity to perform,
        he shall allocate production and deliveries among his
        customers but at his option may include regular customers not
        then under contract for sale or lease as well as his own
        requirements for further manufacture. He may so allocate in
        any manner that is fair and reasonable.
            (3)  The lessor seasonably shall notify the lessee and in
        the case of a finance lease the supplier seasonably shall
        notify the lessor and the lessee, if known, that there will
        be delay or nondelivery and, if allocation is required under
        paragraph (2), of the estimated quota thus made available for
        the lessee.

        Cross References.  Section 2A405 is referred to in section
     2A406 of this title.