Sec. 9.405. MODIFICATION OF ASSIGNED CONTRACT. (a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to Subsections (b)-(d).
(b) Subsection (a) applies to the extent that:
(1) the right to payment or a part thereof under an assigned contract has not been fully earned by performance; or
(2) the right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under Section 9.406(a).
(c) This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(d) This section does not apply to an assignment of a health-care-insurance receivable.
Amended by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Subchapter D. Rights of Third Parties
Section 9.401. Alienability of Debtor's Rights
Section 9.402. Secured Party Not Obligated on Contract of Debtor or in Tort
Section 9.403. Agreement Not to Assert Defenses Against Assignee
Section 9.404. Rights Acquired by Assignee; Claims and Defenses Against Assignee
Section 9.405. Modification of Assigned Contract
Section 9.409. Restrictions on Assignment of Letter-of-Credit Rights Ineffective