§ 680-C — Variation by agreement or amendment

§ 680-c. Variation by agreement or amendment. 1. The effect of this\nsection and sections six hundred eighty-a, six hundred eighty-b, six\nhundred eighty-d, six hundred eighty-e, six hundred eighty-g, six\nhundred eighty-h, six hundred eighty-i, six hundred eighty-j and six\nhundred eighty-m of this article shall not be varied by agreement,\nexcept as provided in such sections. Subject to subdivision two of this\nsection, the effect of sections six hundred eighty-f, six hundred\neighty-k and six hundred eighty-l of this article may be varied by\nagreement.\n 2. A provision in an account agreement or other record that\nsubstantially excuses liability or substantially limits remedies for\nfailure to perform an obligation under this article is not sufficient to\nvary the effect of a provision of this article.\n 3. If a beneficiary is a party to an account agreement, the bank and\nthe depositor may amend the agreement without the consent of the\nbeneficiary only if the agreement expressly permits the amendment.\n 4. If a beneficiary is not a party to an account agreement and the\nbank and the depositor know the beneficiary has knowledge of the\nagreement's terms, the bank and the depositor may amend the agreement\nwithout the consent of the beneficiary only if the amendment does not\nadversely and materially affect a payment right of the beneficiary.\n 5. If a beneficiary is not a party to an account agreement and the\nbank and the depositor do not know whether the beneficiary has knowledge\nof the agreement's terms, the bank and the depositor may amend the\nagreement without the consent of the beneficiary only if the amendment\nis made in good faith.\n