West Virginia Code § 46-2A-405

Excused performance
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Subject to section 2A-404 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) 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) affect only part of the lessor's or the supplier's
capacity to perform, he or she shall allocate production and deliveries among his or her
customers but at his or her option may include regular customers not then under contract
for sale or lease as well as his or her own requirements for further manufacture. He or she
may so allocate in any manner that is fair and reasonable.
(c) The lessor seasonably shall notify the lessese 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 requiredi under paragraph (b), of the estimated quota thus
made available for the lessee. g

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