Vermont § 405 - § 2A—405.

§ 405. § 2A—405.

• Excused performance Subject to section 2A—404 of this title 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) of this section 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) of this section 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 this
  section, of the estimated quota thus made available for the lessee. (Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)