MARVIN MANDEL, Governor

139

berthing, loading, or unloading facilities fail or an
agreed type of carrier becomes unavailable or the agreed
manner of delivery otherwise becomes commercially
impracticable but a commercially reasonable substitute is
available, such substitute performance must be tendered
and accepted.

(2) If the agreed means or manner of payment fails
because of domestic or foreign governmental regulation,
the seller may withhold or stop delivery unless the buyer
provides a means or manner of payment which is
commercially a substantial equivalent. If delivery has
already been taken, payment by the means or in the manner
provided by the regulation discharges the buyer's
obligation unless the regulation is discriminatory,
oppressive or predatory.

2—615. Excuse by failure of presupposed conditions.

Except so far as a seller may have assumed a greater
obligation and subject to the preceding section on
substituted performance:

(a)   Delay in delivery or non-delivery in
whole or in part by a seller who complies with paragraphs
(b) and (c) is not a breach of his duty under a contract
for sale if performance as agreed has been made
impracticable by the occurrence of a contingency the
non—occurrence of which was a basic assumption on which
the contract was made or by compliance in good faith with
any applicable foreign or domestic governmental
regulation or order whether or not it later proves to be
invalid.

(b)    Where the causes mentioned in paragraph
(a) affect only a part of the seller's capacity to
perform, he must allocate production and deliveries among
his customers but may at his option include regular
customers not then under contract as well as his own
requirements for further manufacture. He may so
allocate in any manner which is fair and reasonable.

(c) The seller must notify the buyer
seasonably that there will be delay or non—delivery and,
when allocation is required under paragraph (b), of the
estimated quota thus made available for the buyer.

2—616. Procedure on notice claiming excuse.

(1) Where the buyer receives notification of a
material or indefinite delay or an allocation justified
under the preceding section he may by written
notification to the seller as to any delivery concerned,
and where the prospective deficiency substantially