{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-406.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-406.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-406.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-406.html"}],"law_id":65599,"edition_id":1,"section_id":65599,"structure_id":14708,"section_number":"8.2A-406","catch_line":"Procedure on excused performance","history":"1991, c. 536.","full_text":"1\n\nIf the lessee receives notification of a material or indefinite delay or an allocation justified under \u00a7 8.2A-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 (\u00a7 8.2A-510):a\n\nTerminate the lease contract (pursuant to subsection (2) of § 8.2A-505; orb\n\nExcept 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.2\n\nIf, after receipt of a notification from the lessor under § 8.2A-405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding thirty days, the lease contract lapses with respect to any deliveries affected.","order_by":null,"text":{"0":{"id":238444,"text":"If the lessee receives notification of a material or indefinite delay or an allocation justified under \u00a7 8.2A-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 (\u00a7 8.2A-510):","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"1a"},"1":{"id":238445,"text":"Terminate the lease contract (pursuant to subsection (2) of § 8.2A-505; or","type":"section","prefixes":["1","a"],"prefix":"a","entire_prefix":"1a","prefix_anchor":"1a","level":2,"prior_prefix":"1","next_prefix":"1b"},"2":{"id":238446,"text":"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.","type":"section","prefixes":["1","b"],"prefix":"b","entire_prefix":"1b","prefix_anchor":"1b","level":2,"prior_prefix":"1a","next_prefix":"2"},"3":{"id":238447,"text":"If, after receipt of a notification from the lessor under § 8.2A-405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding thirty days, the lease contract lapses with respect to any deliveries affected.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1b"}},"ancestry":[{"id":14708,"edition_id":1,"name":"Performance of Lease Contract; Repudiated, Substituted and Excused","identifier":"4","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:49:26","date_modified":"2026-06-26 03:49:26","permalink":{"id":282539,"object_type":"structure","relational_id":14708,"identifier":"4","token":"8.2A\/4","url":"\/8.2A\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78858,"structure_id":14708,"section_number":"8.2A-401","catch_line":"Insecurity: adequate assurance of performance","url":"\/8.2A-401\/","token":"8.2A\/4\/8.2A-401","metadata":false},{"id":76228,"structure_id":14708,"section_number":"8.2A-402","catch_line":"Anticipatory repudiation","url":"\/8.2A-402\/","token":"8.2A\/4\/8.2A-402","metadata":false},{"id":66265,"structure_id":14708,"section_number":"8.2A-403","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2A-403\/","token":"8.2A\/4\/8.2A-403","metadata":false},{"id":76466,"structure_id":14708,"section_number":"8.2A-404","catch_line":"Substituted performance","url":"\/8.2A-404\/","token":"8.2A\/4\/8.2A-404","metadata":false},{"id":80718,"structure_id":14708,"section_number":"8.2A-405","catch_line":"Excused performance","url":"\/8.2A-405\/","token":"8.2A\/4\/8.2A-405","metadata":false},{"id":65599,"structure_id":14708,"section_number":"8.2A-406","catch_line":"Procedure on excused performance","url":"\/8.2A-406\/","token":"8.2A\/4\/8.2A-406","metadata":false},{"id":56364,"structure_id":14708,"section_number":"8.2A-407","catch_line":"Irrevocable promises: finance leases","url":"\/8.2A-407\/","token":"8.2A\/4\/8.2A-407","metadata":false}],"previous_section":{"id":80718,"structure_id":14708,"section_number":"8.2A-405","catch_line":"Excused performance","url":"\/8.2A-405\/","token":"8.2A\/4\/8.2A-405","metadata":false},"next_section":{"id":56364,"structure_id":14708,"section_number":"8.2A-407","catch_line":"Irrevocable promises: finance leases","url":"\/8.2A-407\/","token":"8.2A\/4\/8.2A-407","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-406\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":80718,"section_number":"8.2A-405","catch_line":"Excused performance","order_by":null,"url":"\/8.2A-405\/"},{"id":60727,"section_number":"8.2A-505","catch_line":"Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies","order_by":null,"url":"\/8.2A-505\/"},{"id":74596,"section_number":"8.2A-510","catch_line":"Installment lease contracts; rejection and default","order_by":null,"url":"\/8.2A-510\/"}],"permalink":{"id":282561,"object_type":"law","relational_id":65599,"identifier":"8.2A-406","token":"8.2A\/4\/8.2A-406","url":"\/8.2A-406\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-406\/","token":"8.2A\/4\/8.2A-406","dublin_core":{"Title":"Procedure on excused performance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-406","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> If the lessee receives notification of a material<\/span> or indefinite delay or an allocation justified under \u00a7 8.2A-405<\/a>, 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<\/span> the value of the whole lease contract<\/span> is substantially impaired (\u00a7 8.2A-510<\/a>): <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Terminate the lease contract<\/span> (pursuant to subsection (2) of § 8.2A-505<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Except in a finance lease that is not a consumer lease, modify the lease contract<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If, after receipt of a notification from the lessor under § 8.2A-405<\/a>, the lessee fails so to modify the lease agreement within a reasonable time not exceeding thirty days, the lease contract<\/span> lapses with respect to any deliveries affected. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE ON EXCUSED PERFORMANCE (\u00a7 8.2A-406)\n\n1. If the lessee receives notification of a material or indefinite delay or an\nallocation justified under \u00a7 8.2A-405, the lessee may by written notification\nto the lessor as to any goods involved, and with respect to all of the goods if\nunder an installment lease contract the value of the whole lease contract is\nsubstantially impaired (\u00a7 8.2A-510):\n\n a. Terminate the lease contract (pursuant to subsection (2) of §\n 8.2A-505; or\n\n b. Except in a finance lease that is not a consumer lease, modify the lease\n contract by accepting the available quota in substitution, with due allowance\n from the rent payable for the balance of the lease term for the deficiency but\n without further right against the lessor.\n\n2. If, after receipt of a notification from the lessor under § 8.2A-405,\nthe lessee fails so to modify the lease agreement within a reasonable time not\nexceeding thirty days, the lease contract lapses with respect to any deliveries\naffected.\n\nHISTORY: 1991, c. 536.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}