400.2A-207. Course of performance or practical construction. - Missouri Statutes

Course of performance or practical construction.

400.2A-207. (1) If a lease contract involves repeatedoccasions for performance by either party with knowledge of thenature of the performance and opportunity for objection to it bythe other, any course of performance accepted or acquiesced inwithout objection is relevant to determine the meaning of thelease agreement.

(2) The express terms of a lease agreement and any courseof performance, as well as any course of dealing and usage oftrade, must be construed whenever reasonable as consistent witheach other; but if that construction is unreasonable, expressterms control course of performance, course of performancecontrols both course of dealing and usage of trade, and course ofdealing controls usage of trade.

(3) Subject to the provisions of section 400.2A-208 onmodification and waiver, course of performance is relevant toshow a waiver or modification of any term inconsistent with thecourse of performance.

(L. 1992 S.B. 448)