KRS 355.2A-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 c ommercially 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 deliver y 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 re gulation discharges the lessee's obligation unless the

regulation is discriminatory, oppressive, or predatory.