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State Statutes - Idaho - Title 28 - Chapter 12 - 28-12-404
Idaho Statutes
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28-12-404 - SUBSTITUTED PERFORMANCE
(1) If, without fault of the lessee,
the lessor and the supplier, the agreed berthing, loading, or unloading
facilities fail or the agreed type of carrier becomes unavailable or the
agreed manner of delivery otherwise becomes commercially impracticable, but a
commercially reasonable substitute is available, the substitute performance
must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or
foreign governmental regulation:
(a) The lessor may withhold or stop delivery or cause the supplier to
withhold or stop delivery unless the lessee provides a means or manner of
payment that is commercially a substantial equivalent; and
(b) If delivery has already been taken, payment by the means or in the
manner provided by the regulation discharges the lessee's obligation
unless the regulation is discriminatory, oppressive, or predatory.
 
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