Nevada § 104A.2405 - Excused performance

§ 104A.2405. Excused performance

Subject to NRS 104A.2404 on substituted performance, the following rules apply: 1. Delay in delivery or nondelivery in whole or in part by a lessor or a supplier

who complies with subsections 2 and 3 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. 2. If the causes mentioned in subsection 1 affect only part of the lessor's or the

supplier's capacity to perform, the lessor or supplier 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. The lessor or supplier may so allocate in any manner that is fair and reasonable. 3. 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 subsection 2, of

the estimated quota thus made available for the lessee.