reglab/housing_qa huggingface dataset:
MT Code § 30-2A-404 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 4. Performance of Lease Contract Repudiated, Substituted, and Excused|30-2A-404. Substituted performance

  30-2A-404. Substituted performance. (1) If without fault of the lessee, the lessor, and the supplier the agreed berthing, loading, or unloading facilities fail, the agreed type of carrier becomes unavailable, or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the 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 lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent and if delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.   History: En. Sec. 51, Ch. 410, L. 1991.
MT Code § 30-2A-405 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 4. Performance of Lease Contract Repudiated, Substituted, and Excused|30-2A-405. Excused performance

  30-2A-405. Excused performance. Subject to 30-2A-404 on substituted performance, the following rules apply:   (1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with subsections (2) and (3) 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.   (2) If the causes mentioned in subsection (1) affect only part of the lessor's or the supplier's capacity to perform, the lessor or supplier shall allocate production and deliveries among customers but at the lessor's or supplier's option may include regular customers not then under contract for sale or lease as well as the lessor's or supplier's own requirements for further manufacture. The lessor or supplier may so allocate in any manner that is fair and reasonable.   (3) 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 subsection (2), of the estimated quota thus made available for the lessee.   History: En. Sec. 52, Ch. 410, L. 1991; amd. Sec. 893, Ch. 56, L. 2009.
MT Code § 30-2A-406 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 4. Performance of Lease Contract Repudiated, Substituted, and Excused|30-2A-406. Procedure on excused performance

  30-2A-406. Procedure on excused performance. (1) If the lessee receives notification of a material or indefinite delay or an allocation justified under 30-2A-405, the lessee may by written notification to the lessor as to any goods involved and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (30-2A-510):   (a) terminate the lease contract (30-2A-505(2)); or   (b) except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.   (2) If, after receipt of a notification from the lessor under 30-2A-402, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.   History: En. Sec. 53, Ch. 410, L. 1991.
MT Code § 30-2A-407 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 4. Performance of Lease Contract Repudiated, Substituted, and Excused|30-2A-407. Irrevocable promises -- finance leases

  30-2A-407. Irrevocable promises -- finance leases. (1) In the case of a finance lease that is not a consumer lease, the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.   (2) A promise that has become irrevocable and independent under subsection (1):   (a) is effective and enforceable between the parties and by or against third parties, including assignees of the parties; and   (b) is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs.   (3) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.   History: En. Sec. 54, Ch. 410, L. 1991.
MT Code § 30-2A-501 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-501. Default -- procedure

  30-2A-501. Default -- procedure. (1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter.   (2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this chapter and, except as limited by this chapter, as provided in the lease agreement.   (3) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this chapter.   (4) Except as otherwise provided in 30-1-106(1), this chapter, or the lease agreement, the rights and remedies referred to in subsections (2) and (3) of this section are cumulative.   (5) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this part as to the goods or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case this part does not apply.   History: En. Sec. 55, Ch. 410, L. 1991.
MT Code § 30-2A-502 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-502. Notice after default

  30-2A-502. Notice after default. Except as otherwise provided in this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.   History: En. Sec. 56, Ch. 410, L. 1991.
MT Code § 30-2A-503 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-503. Modification or impairment of rights and remedies

  30-2A-503. Modification or impairment of rights and remedies. (1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter.   (2) Resort to a remedy provided under this chapter or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this chapter.   (3) Consequential damages may be liquidated under 30-2A-504 or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.   (4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this chapter.   History: En. Sec. 57, Ch. 410, L. 1991.
MT Code § 30-2A-504 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-504. Liquidation of damages

  30-2A-504. Liquidation of damages. (1) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to a lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.   (2) If the lease agreement provides for liquidation of damages and such provision does not comply with subsection (1) or if such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this chapter.   (3) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (30-2A-525 or 30-2A-526), the lessee is entitled to restitution of any amount by which the sum of the lessee's payments exceeds:   (a) the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or   (b) in the absence of those terms, 20% of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term or, in the case of a consumer lease, the lesser of such amount or $500.   (4) A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor establishes:   (a) a right to recover damages under the provisions of this chapter other than subsection (1) of this section; and   (b) the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.   History: En. Sec. 58, Ch. 410, L. 1991; amd. Sec. 894, Ch. 56, L. 2009.
MT Code § 30-2A-505 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-505. Cancellation and termination -- effect of cancellation, termination, rescission, or fraud on rights and remedies

  30-2A-505. Cancellation and termination -- effect of cancellation, termination, rescission, or fraud on rights and remedies. (1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives, and the canceling party also retains any remedy for default of the whole lease contract or any unperformed balance.   (2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.   (3) Unless the contrary intention clearly appears, expressions of "cancellation", "rescission", or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.   (4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this chapter for default.   (5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be considered inconsistent with a claim for damages or other right or remedy.   History: En. Sec. 59, Ch. 410, L. 1991.
MT Code § 30-2A-506 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-506. Statute of limitations

  30-2A-506. Statute of limitations. (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. By the original lease contract, the parties may reduce the period of limitation to not less than 1 year.   (2) A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party or when the default occurs, whichever is later. A cause of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.   (3) If an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.   (4) This section does not alter the law on tolling of the statute of limitations, nor does it apply to causes of action that have accrued before this chapter becomes effective.   History: En. Sec. 60, Ch. 410, L. 1991.
MT Code § 30-2A-507 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-507. Proof of market rent -- time and place

  30-2A-507. Proof of market rent -- time and place. (1) Damages based on market rent (30-2A-519 or 30-2A-528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the time of the default.   (2) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this chapter is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term that in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place.   (3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this chapter offered by one party is not admissible unless and until the party has given the other party notice the court finds sufficient to prevent unfair surprise.   (4) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.   History: En. Sec. 61, Ch. 410, L. 1991; amd. Sec. 895, Ch. 56, L. 2009.
MT Code § 30-2A-508 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-508. Lessee's remedies

  30-2A-508. Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity to the lease contract (30-2A-509) or repudiates the lease contract (30-2A-402) or if a lessee rightfully rejects the goods (30-2A-509) or justifiably revokes acceptance of the goods (30-2A-517), then with respect to any goods involved and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (30-2A-510), the lessor is in default under the lease contract and the lessee may:   (a) cancel the lease contract (30-2A-505(1));   (b) recover so much of the rent and security as has been paid and is just under the circumstances;   (c) cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (30-2A-518 and 30-2A-520) or recover damages for nondelivery (30-2A-519 and 30-2A-520);   (d) exercise any other rights or pursue any other remedies provided in the lease contract.   (2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:   (a) if the goods have been identified, recover them (30-2A-522); or   (b) in a proper case, obtain specific performance or replevy the goods (30-2A-521).   (3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in 30-2A-519(3).   (4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (30-2A-519(4)).   (5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to 30-2A-527(5).   (6) Subject to the provisions of 30-2A-407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.   History: En. Sec. 62, Ch. 410, L. 1991.
MT Code § 30-2A-509 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-509. Lessee's rights on improper delivery -- rightful rejection

  30-2A-509. Lessee's rights on improper delivery -- rightful rejection. (1) Subject to the provisions of 30-2A-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.   (2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.   History: En. Sec. 63, Ch. 410, L. 1991.
MT Code § 30-2A-510 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-510. Installment lease contracts -- rejection and default

  30-2A-510. Installment lease contracts -- rejection and default. (1) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.   (2) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole, there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.   History: En. Sec. 64, Ch. 410, L. 1991.
MT Code § 30-2A-511 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-511. Merchant lessee's duties as to rightfully rejected goods

  30-2A-511. Merchant lessee's duties as to rightfully rejected goods. (1) Subject to any security interest of a lessee (30-2A-508(5)), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in the lessee's possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.   (2) If a merchant lessee (subsection (1) of this section) or any other lessee (30-2A-512) disposes of goods, the lessee is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade or, if there is none, to a reasonable sum not exceeding 10% of the gross proceeds.   (3) In complying with 30-2A-512 or this section, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.   (4) A purchaser who purchases in good faith from a lessee pursuant to 30-2A-512 or this section takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this chapter.   History: En. Sec. 65, Ch. 410, L. 1991; amd. Sec. 896, Ch. 56, L. 2009.
MT Code § 30-2A-512 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-512. Lessee's duties as to rightfully rejected goods

  30-2A-512. Lessee's duties as to rightfully rejected goods. (1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (30-2A-511) and subject to any security interest of a lessee (30-2A-508(5)):   (a) the lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection;   (b) if the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account, ship them to the lessor or the supplier, or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided in 30-2A-511; but   (c) the lessee has no further obligations with regard to goods rightfully rejected.   (2) Action by the lessee pursuant to subsection (1) is not acceptance or conversion.   History: En. Sec. 66, Ch. 410, L. 1991.
MT Code § 30-2A-513 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 2A. Uniform Commercial Code Leases|Part 5. Default|30-2A-513. Cure by lessor of improper tender or delivery -- replacement

  30-2A-513. Cure by lessor of improper tender or delivery -- replacement. (1) If any tender or delivery by the lessor or the supplier is rejected because it is nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract.   (2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if the lessor or supplier seasonably notifies the lessee.   History: En. Sec. 67, Ch. 410, L. 1991; amd. Sec. 897, Ch. 56, L. 2009.