- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 12. Leases
- Section 406. Procedure On Excused Performance.
previous: Section 405
. Excused Performance.
next: Section 407
. Irrevocable Promises: Finance Leases.
AS 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
- (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.
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