(810 ILCS 5/2A-405) (from Ch. 26, par. 2A-405)
Sec. 2A-405.
Excused performance.
Subject to Section 2A-404 on
substituted performance, the following rules apply:
(a) Delay in delivery or nondelivery in whole or in part
by a lessor or a supplier who complies with paragraphs (b) and
(c) 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.
(b) If the causes mentioned in paragraph (a) affect only
part of the lessor's or the supplier's capacity to perform, he or
she shall allocate production and deliveries among his or her
customers but at his or her option may include regular
customers not then under contract for sale or lease as well as
his or her own requirements for further manufacture. He or
she may so allocate in any manner that is fair and reasonable.
(c) 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 (b),
of the estimated quota thus made available for the lessee.
(Source: P.A. 87-493.)
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