§2-1208. Modification, rescission and waiver
(1). An agreement modifying a lease contract needs no consideration to be binding.
[PL 1991, c. 805, §4 (NEW).]
(2). A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
[PL 1991, c. 805, §4 (NEW).]
(3). Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.
[PL 1991, c. 805, §4 (NEW).]
(4). A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
[PL 1991, c. 805, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 805, §4 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 2: FORMATION AND CONSTRUCTION OF LEASE CONTRACT
11 §2-1202. Final written expression; parol or extrinsic evidence
11 §2-1204. Formation in general
11 §2-1206. Offer and acceptance in formation of lease contract
11 §2-1207. Course of performance or practical construction (REPEALED)
11 §2-1208. Modification, rescission and waiver
11 §2-1209. Lessee under finance lease as beneficiary of supply contract
11 §2-1210. Express warranties
11 §2-1212. Implied warranty of merchantability
11 §2-1213. Implied warranty of fitness for particular purpose
11 §2-1214. Exclusion or modification of warranties
11 §2-1215. Cumulation and conflict of warranties express or implied
11 §2-1216. Third-party beneficiaries of express and implied warranties
11 §2-1218. Insurance and proceeds