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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 12. Leases
- Section 207. Course of Performance or Practical Construction.
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Section 206. Offer and Acceptance in Formation of Lease Contract.
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Section 208. Modification, Rescission, and Waiver.
AS 45.12.207. Course of Performance or Practical Construction.
- (a) 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.
- (b) 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.
- (c) Subject to the provisions of AS 45.12.208
on modification and waiver, course of performance is relevant to show a waiver or modification of any term
inconsistent with the course of performance.
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