Section 45.12.406. Procedure on excused performance.

   (a) If the lessee receives notification of a material or indefinite delay or an allocation justified under AS 45.12.405, 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 under AS 45.12.510,
        (1) terminate the lease contract (AS 45.12.505(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) If, after receipt of a notification from the lessor under AS 45.12.405, the lessee fails to modify the lease agreement as provided in (a)(2) of this section within a reasonable time not exceeding 30 days, the lease contract lapses with respect to deliveries affected.

Notes

History

(Sec. 125 ch 35 SLA 1993)