WILLIAM DONALD SCHAEFER, Governor                           S.B. 147

(4)      A LEASE CONTRACT THAT DOES NOT SATISFY THE REQUIREMENTS OF
SUBSECTION (1), BUT WHICH IS VALID IN OTHER RESPECTS, IS ENFORCEABLE:

(A)     IF THE GOODS ARE TO BE SPECIALLY MANUFACTURED OR
OBTAINED FOR THE LESSEE AND ARE NOT SUITABLE FOR LEASE OR SALE TO
OTHERS IN THE ORDINARY COURSE OF THE LESSOR'S BUSINESS, AND THE LESSOR,
BEFORE NOTICE OF REPUDIATION IS RECEIVED AND UNDER CIRCUMSTANCES THAT
REASONABLY INDICATE THAT THE GOODS ARE FOR THE LESSEE, HAS MADE EITHER
A SUBSTANTIAL. BEGINNING OF THEIR MANUFACTURE OR COMMITMENTS FOR
THEIR PROCUREMENT;

(B)      IF THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT ADMITS
IN THAT PARTY'S PLEADING, TESTIMONY OR OTHERWISE IN COURT THAT A LEASE
CONTRACT WAS MADE, BUT THE LEASE CONTRACT IS NOT ENFORCEABLE UNDER
THIS PROVISION BEYOND THE QUANTITY OF GOODS ADMITTED;

(C)     WITH RESPECT TO GOODS THAT HAVE BEEN RECEIVED AND
ACCEPTED BY THE LESSEE.

(5)      THE LEASE TERM UNDER A LEASE CONTRACT REFERRED TO IN
SUBSECTION (4):

(A)     IF THERE IS A WRITING SIGNED BY THE PARTY AGAINST WHOM
ENFORCEMENT IS SOUGHT OR BY THAT PARTY'S AUTHORIZED AGENT SPECIFYING
THE LEASE TERM, IS THE TERM SO SPECIFIED;

(B)      IF THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT ADMITS
IN THAT PARTY'S PLEADING, TESTIMONY, OR OTHERWISE IN COURT A LEASE TERM,
IS THE TERM SO ADMITTED;

(C)      IS A REASONABLE LEASE TERM.

2A-202. FINAL WRITTEN EXPRESSION: PAROL OR EXTRINSIC EVIDENCE

TERMS WITH RESPECT TO WHICH THE CONFIRMATORY MEMORANDA OF THE
PARTIES AGREE OR WHICH ARE OTHERWISE SET FORTH IN A WRITING INTENDED
BY THE PARTIES AS A FINAL EXPRESSION OF THEIR AGREEMENT WITH RESPECT TO
SUCH TERMS AS ARE INCLUDED THEREIN MAY NOT BE CONTRADICTED BY
EVIDENCE OF ANY PRIOR AGREEMENT OR OF A CONTEMPORANEOUS ORAL
AGREEMENT BUT MAY BE EXPLAINED OR SUPPLEMENTED:

(A)     BY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF
PERFORMANCE; AND

(B)     BY EVIDENCE OF CONSISTENT ADDITIONAL TERMS UNLESS THE
COURT FINDS THE WRITING TO HAVE BEEN INTENDED ALSO AS A COMPLETE AND
EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT.

2A-203. SEALS INOPERATIVE

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