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

North Dakota Statutes

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

North Dakota § 41-01-16

Title 41Uniform Commercial Code

Ch. 41-01General Provisions

This text of North Dakota § 41-01-16 ((1-302) Variation by agreement) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-01-16 (2026).

Text

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

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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.