A. An agreement modifying a contract within this chapter needs no consideration to be binding.
B. A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.
C. The requirements of the statute of frauds section of this chapter (section 47-2201) must be satisfied if the contract as modified is within its provisions.
D. Although an attempt at modification or rescission does not satisfy the requirements of subsection B or C of this section it can operate as a waiver.
E. A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
Notes of Decisions
Aga Shareholders, LLC v. Csk Auto, Inc., 589 F. Supp. 2d 1175 (D. Ariz. 2008).
· cites it 6× “See A.R.S. § 47-2209(B) (“A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded.”
Two Bros. Distrib. Inc. v. Valero Mktg. & Supply Co., 270 F. Supp. 3d 1112 (D. Ariz. 2017).
· cites it 2× “115-2 at 126, ¶ 23; A.R.S. § 47-2209 ("A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately…”
Vantage Mobility Int'l LLC v. Kersey Mobility LLC (D. Ariz. 2020).
· cites it 6× “Although UCC § 2-209, which Arizona codified at A.R.S. § 47-2209, allows 24 modification of a contract for the sale of goods without consideration, “section 2-209 25 requires assent to proposed modifications.”
Vantage Mobility Int'l LLC v. Kersey Mobility LLC (D. Ariz. 2021).
· cites it 2× “Although UCC § 2-209, which Arizona 14 codified at A.R.S. § 47-2209, allows modification of a contract for the sale of goods without consideration, “section 2-209 15 requires assent to proposed modifications.”
— Ariz. Rev. Stat. § 47-2209(B) — 1 case
Aga Shareholders, LLC v. Csk Auto, Inc., 589 F. Supp. 2d 1175 (D. Ariz. 2008).
“See A.R.S. § 47-2209(B) (“A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded.”
— Ariz. Rev. Stat. § 47-2209(D) — 1 case
Aga Shareholders, LLC v. Csk Auto, Inc., 589 F. Supp. 2d 1175 (D. Ariz. 2008).
“See A.R.S. § 47-2209(B) (“A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded.”
— Ariz. Rev. Stat. § 47-2209(E) — 1 case
Aga Shareholders, LLC v. Csk Auto, Inc., 589 F. Supp. 2d 1175 (D. Ariz. 2008).
“See A.R.S. § 47-2209(B) (“A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded.”
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