70A-2a-207. Course of performance or practical construction.
(1) If a lease contract involves repeated occasions for performance by either party with
knowledge of the nature of the performance and opportunity for objection to it by the other, any
course of performance accepted or acquiesced in without objection is relevant to determine the
meaning of the lease agreement.
(2) The express terms of a lease agreement and any course of performance, as well as
any course of dealing and usage of trade, must be construed whenever reasonable as consistent
with each other; but if that construction is unreasonable, express terms control course of
performance, course of performance controls both course of dealing and usage of trade, and
course of dealing controls usage of trade.
(3) Subject to the provisions of Section 70A-2a-208 on modification and waiver, course
of performance is relevant to show a waiver or modification of any term inconsistent with the
course of performance.
Enacted by Chapter 197, 1990 General Session
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Last revised: Thursday, May 28, 2009