Utah Code » Title 70A, Chapter 1a — Uniform Commercial Code - General Provisions; part 70A-1a-3 — Territorial Applicability and General Rules
Utah Code

Utah Code § 70A-1a-302 (2026)

Variation by agreement

✓ current as of May 2026
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Except as otherwise provided in Subsection (2) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2020–2022 · leading case: Phibro Biodigester v. Murphy-Brown LLC (D. Utah 2022).
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Phibro Biodigester v. Murphy-Brown LLC (D. Utah 2022). · cites it 4× “87 Acceptable limitations of liability under the UCC include exclusion of consequential damages, as was done here,88 or by providing “for remedies in addition to or in substitution for those provided” under the UCC.”
Phibro Biodigester v. Murphy-Brown LLC (D. Utah 2022). · cites it 4× “87 Acceptable limitations of liability under the UCC include exclusion of consequential damages, as was done here,88 or by providing “for remedies in addition to or in substitution for those provided” under the UCC.”
Pounds v. Portfolio Recovery Assocs. (N.C. Ct. App. 2020). “See Utah Code § 70A-1a-302(1) (“Except as otherwise provided .”
Pounds v. Portfolio Recovery Assocs. (N.C. Ct. App. 2020). “See Utah Code § 70A-1a-302(1) (“Except as otherwise provided .”
— Utah Code § 70A-1a-302(1) — 2 cases
Pounds v. Portfolio Recovery Assocs. (N.C. Ct. App. 2020). “See Utah Code § 70A-1a-302(1) (“Except as otherwise provided .”
Pounds v. Portfolio Recovery Assocs. (N.C. Ct. App. 2020). “See Utah Code § 70A-1a-302(1) (“Except as otherwise provided .”
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