Section 45.12.109. Option to accelerate at will.

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   (a) A term providing that one party or the party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when the party considers itself insecure," or in words of similar import, shall be construed to mean that the party has power to do so only if the party in good faith believes that the prospect of payment or performance is impaired.
   (b) With respect to a consumer lease, the burden of establishing good faith under (a) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.

Notes

FORMATION AND CONSTRUCTION OF LEASE CONTRACT

History

(Sec. 125 ch 35 SLA 1993)

                    
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