Article 9-A: TRANSACTIONS HEADING: PL 1999, C. 699, PT. A, §2 (NEW)
Part 4: RIGHTS OF 3RD PARTIES HEADING: PL 1999, C. 699, PT. A, §2 (NEW)
§9-1405. Modification of assigned contract
(1). 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 (2) through (4).
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(2). Subsection (1) applies to the extent that:
(a). The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
(b). 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 9-1406, subsection (1). [1999, c. 699, Pt. A, §2 (NEW); 1999, c. 699, Pt. A, §4 (AFF).]
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(3). This section is subject to law other than this Article 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.
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
(4). This section does not apply to an assignment of a health-care-insurance receivable.
[
1999, c. 699, Pt. A, §2 (NEW);
1999, c. 699, Pt. A, §4 (AFF)
.]
SECTION HISTORY
1999, c. 699, §A2 (NEW).
1999, c. 699, §A4 (AFF).
Data for this page extracted on 11/02/2009 01:51:30.