§ 41-09-67 — (9-405) Modification of assigned contract

North Dakota § 41-09-67

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-09: Secured Transactions

Text

1. A modification of or substitution for an assigned contract is effective against an
assignee if made in good faith. The assignee acquires corresponding rights under the
modified or substituted contract. The assignment may provide that the modification or
substitution is a breach of contract by the assignor. This subsection is subject to
subsections 2 through 4.
2. Subsection 1 applies to the extent that:
a. The right to payment or a part thereof under an assigned contract has not been
fully earned by performance; or
b. The right to payment or a part thereof has been fully earned by performance and
the account debtor has not received notification of the assignment under
subsection 1 of section 41-09-68.
3. This section is subject to law other than this chapter which establishes a different rule
for an account debtor who is an individual and who incurred the obligation primarily for
personal, family, or household purposes.
4. This section does not apply to an assignment of a health care insurance receivable.