{"data":{"id":"us-ky/krs-355.2a-405","jurisdiction":"us-ky","citation":"KRS 355.2A-405","heading":"Excused performances.","body":"Subject to KRS 355.2A-404 on substituted performance, the following rules apply:\n(1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who\ncomplies with subsections (2) and (3) is not a default under the lease contract if\nperformance as agreed has been made impracticable by the occurrence of a\ncontingency the nonoccurrence of which was a basic assumption on which the lease\ncontract was made or by compliance in good faith with any applicable foreign or\ndomestic governmental regul ation or order, whether or not the regulation or order\nlater proves to be invalid.\n(2) If the causes mentioned in subsection (1) affect only part of the lessor's or the\nsupplier's capacity to perform, he shall allocate production and deliveries among his\ncustomers but at his option may include regular customers not then under contract\nfor sale or lease as well as his own requirements for further manufacture. He may so\nallocate in any manner that is fair and reasonable.\n(3) The lessor seasonably shall notify  the lessee and in the case of a finance lease the\nsupplier seasonably shall notify the lessor and the lessee, if known, that there will\nbe delay or nondelivery and, if allocation is required under subsection (2), of the\nestimated quota thus made available for the lessee.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33394","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:43Z","sha256":"028a9beabc50e97d8eb10ac7d2469bc8d915d641628f133f67242ea863a1b543","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2a-404","next":"us-ky/krs-355.2a-406"},"notice":"GroundRules: Original legal text. Not legal advice."}