5-1602 - Continuity of contract.

§  5-1602.  Continuity  of  contract. 1. (a) If a subject or medium of  payment of a contract, security or instrument is  a  currency  that  has  been   substituted  or  replaced  by  the  euro,  the  euro  will  be  a  commercially reasonable substitute and substantial equivalent  that  may  be  either:  (i) used in determining the value of such currency; or (ii)  tendered, in  each  case  at  the  conversion  rate  specified  in,  and  otherwise  calculated in accordance with, the regulations adopted by the  council of the European Union.    (b) If a subject or medium of  payment  of  a  contract,  security  or  instrument  is  the  ECU,  the  euro  will  be a commercially reasonable  substitute and substantial equivalent that may be either:  (i)  used  in  determining  the value of the ECU; or (ii) tendered, in each case at the  conversion rate specified in, and  otherwise  calculated  in  accordance  with, the regulations adopted by the Council of the European Union.    (c)  Performance  of any of the obligations described in paragraph (a)  or (b) of this subdivision may be made in  the  currency  or  currencies  originally  designated in such contract, security or instrument (so long  as such currency or currencies remain legal tender) or in euro, but  not  in  any  other currency, whether or not such other currency (i) has been  substituted or replaced by the euro  or  (ii)  is  a  currency  that  is  considered  a  denomination  of the euro and has a fixed conversion rate  with respect to the euro.    2. None of: (a) the introduction of the euro;  (b)  the  tendering  of  euros in connection with any obligation in compliance with paragraph (a)  or  (b)  of  subdivision one of this section; (c) the determining of the  value of any obligation in compliance  with  paragraph  (a)  or  (b)  of  subdivision  one  of this section; or (d) the calculating or determining  of the  subject  or  medium  of  payment  of  a  contract,  security  or  instrument  with  reference  to  interest  rate  or other basis has been  substituted or replaced due to the introduction of the euro and that  is  a  commercially  reasonable substitute and substantial equivalent, shall  either have the effect of discharging or excusing performance under  any  contract,  security  or  instrument,  or  give  a  party  the  right  to  unilaterally alter or terminate any contract, security or instrument.