57A-1-308. Performance or acceptance under reservation of rights.
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.
(b) Subsection (a) does not apply to an accord and satisfaction.
Source: SL 2008, ch 259, ยง22.
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.