Okla. Stat. tit. 12A, § 12A-2A-405: Excused performance

EXCUSED PERFORMANCE

Subject to Section 44 of this act 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 shall allocate production and deliveries among his

customers but at his option may include regular customers not then

under contract for sale or lease as well as his own requirements for

further manufacture. He 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.