8.2A-208 - A-208. Modification, rescission and waiver.
§ 8.2A-208. Modification, rescission and waiver.
(1) An agreement modifying a lease contract needs no consideration to bebinding.
(2) A signed lease agreement that excludes modification or rescission exceptby a signed writing may not be otherwise modified or rescinded, but, exceptas between merchants, such a requirement on a form supplied by a merchantmust be separately signed by the other party.
(3) Although an attempt at modification or rescission does not satisfy therequirements of subsection (2) of this section, it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a leasecontract may retract the waiver by reasonable notification received by theother party that strict performance will be required of any term waived,unless the retraction would be unjust in view of a material change ofposition in reliance on the waiver.
(1991, c. 536.)