1. (a) Prohibition of penalties. — When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

2. (b) Reduction or waiver of fines or penalties. — If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if:

   1. (1) The servicemember was in military service at the time the fine or penalty was incurred; and
   2. (2) The ability of the servicemember to perform the obligation was materially affected by such military service.

79 Del. Laws, c. 359, § 1