§ 41-01-16 — (1-302) Variation by agreement

1. Except as otherwise provided in subsection 2 or elsewhere under this title, the effect of
provisions of this title may be varied by agreement.
2. The obligations of good faith, diligence, reasonableness, and care prescribed under
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. If this title requires an
action to be taken within a reasonable time, a time that is not manifestly unreasonable
may be fixed by agreement.
3. 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.