§ 2A208. Modification, rescission and waiver.
(a) Consideration unnecessary for modification.--An agreement modifying a lease contract needs no consideration to be binding.
(b) Writing excluding modification or rescission.--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lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(c) Ineffective modification or rescission as waiver.-- Although an attempt at modification or rescission does not satisfy the requirements of subsection (b), it may operate as a waiver.
(d) Retraction of waiver.--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.
Cross References. Section 2A208 is referred to in section 2A207 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 2A2 - Formation and Construction of Lease Contract
Section 2A201 - Statute of frauds
Section 2A202 - Final written expression: parol or extrinsic evidence
Section 2A203 - Seals inoperative
Section 2A204 - Formation in general
Section 2A206 - Offer and acceptance in formation of lease contract
Section 2A207 - Course of performance or practical construction (Deleted by amendment)
Section 2A208 - Modification, rescission and waiver
Section 2A209 - Lessee under finance lease as beneficiary of supply contract
Section 2A210 - Express warranties
Section 2A212 - Implied warranty of merchantability
Section 2A213 - Implied warranty of fitness for particular purpose
Section 2A214 - Exclusion or modification of warranties
Section 2A215 - Cumulation and conflict of warranties express or implied
Section 2A216 - Third party beneficiaries of express and implied warranties
Section 2A217 - Identification
Section 2A218 - Insurance and proceeds