                                 CODE OF VIRGINIA

SUBSTITUTED PERFORMANCE (§ 8.2A-404)

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 shall 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&#8217;s obligation unless the
   regulation is discriminatory, oppressive, or predatory.

HISTORY: 1991, c. 536.