Colorado Code
Part 4 - Rights of Third Parties
§ 4-9-403. Agreement Not to Assert Defenses Against Assignee

(1) The record has the same effect as if the record included such a statement; and
(2) The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement.

Source: L. 2001: Entire article R&RE, p. 1371, § 1, effective July 1.
Editor's note: This section is similar to former § 4-9-206 as it existed prior to 2001.

This section does not displace other law that gives effect to a non-consumer account debtor's agreement not to assert defenses against an assignee, even if the agreement would not qualify under subsection (b). See subsection (f). It validates, but does not invalidate, agreements made by a non-consumer account debtor. This section also does not displace other law to the extent that the other law permits an assignee, who takes an assignment with notice of a claim of a property or possessory right, a defense, or a claim in recoupment, to enforce an account debtor's agreement not to assert claims and defenses against the assign or (e.g., a "hell-or-high-water" agreement). See Comment 4. It also does not displace an assignee's right to assert that an account debtor is estopped from asserting a claim or defense. Nor does this section displace other law with respect to waivers of potential future claims and defenses that are the subject of an agreement between the account debtor and the assign ee . Finally, it does not displace Section 1-107, concerning waiver of a breach that allegedly already has occurred.