Nev. Rev. Stat. » NRS: CHAPTER 104 - UNIFORM COMMERCIAL CODE—ORIGINAL ARTICLES

Nev. Rev. Stat. § 104.2209

Modification, rescission and waiver

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NRS 104.2209  Modification, rescission and waiver.

      1.  An agreement modifying a contract within this Article needs no consideration to be binding.

      2.  A signed agreement which excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.

      3.  The requirements of the statute of frauds section of this Article (NRS 104.2201) must be satisfied if the contract as modified is within its provisions.

      4.  Although an attempt at modification or rescission does not satisfy the requirements of subsection 2 or 3 it can operate as a waiver.

      5.  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.

      (Added to NRS by 1965, 789; A 2023, 3182)

     

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2025 · leading case: Route Consultants, Inc., et al. v. E3 NV, LLC, et al.
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Route Consultants, Inc., et al. v. E3 NV, LLC, et al. (2025) nvd · cites it 2× “2508 (requiring sellers to notify buyers of their intention to cure or 2 substitute nonconforming tenders or deliveries within a reasonable time); NRS 104.2209 3 (requiring that contract modifications conform with the statute of frauds (NRS 104.”
8 Mine, LLC v. The Eljen Group, LLC (2020) nvd “2507 (tender of the goods by seller entitles the seller 21 6 "An agreement modifying a contract within this Article (the Uniform Commercial Code) needs 22 no consideration to be binding.”
— Nev. Rev. Stat. § 104.2209(1) — 1 case
8 Mine, LLC v. The Eljen Group, LLC (2020) nvd “2507 (tender of the goods by seller entitles the seller 21 6 "An agreement modifying a contract within this Article (the Uniform Commercial Code) needs 22 no consideration to be binding.”
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