57A-1-302. Variation by agreement.
(a) Except as otherwise provided in subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Source: SL 2008, ch 259, ยง16.
Structure South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Chapter 01 - General Provisions
Section 57A-1-101 - Short title.
Section 57A-1-102 - Scope of chapter.
Section 57A-1-104 - Construction against implied repeal.
Section 57A-1-105 - Severability.
Section 57A-1-106 - Use of singular and plural--Gender.
Section 57A-1-107 - Section captions.
Section 57A-1-108 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 57A-1-201 - General definitions.
Section 57A-1-202 - Notice--Knowledge.
Section 57A-1-203 - Lease distinguished from security interest.
Section 57A-1-205 - Reasonable time--Seasonableness.
Section 57A-1-206 - Presumptions.
Section 57A-1-301 - Territorial applicability--Parties' power to choose applicable law.
Section 57A-1-302 - Variation by agreement.
Section 57A-1-303 - Course of performance, course of dealing, and usage of trade.
Section 57A-1-304 - Obligation of good faith.
Section 57A-1-305 - Remedies to be liberally administered.
Section 57A-1-306 - Waiver or renunciation of claim or right after breach.
Section 57A-1-307 - Prima facie evidence by third-party documents.
Section 57A-1-308 - Performance or acceptance under reservation of rights.