6-254. Variation by agreement or amendment
233 words·~1 min read·
/az/title-6/6-254A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The effect of this section and sections 6-252, 6-253, 6-255, 6-256, 6-258, 6-259, 6-260, 6-261 and 6-264 may not be varied by agreement, except as provided in those sections. Subject to subsection B of this section, the effect of sections 6-257, 6-262 and 6-263 may be varied by agreement.
B. A provision in an account agreement or other record that substantially excuses liability or substantially limits remedies for failure to perform an obligation under this article is not sufficient to vary the effect of this article.
C. If a beneficiary is a party to an account agreement, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the agreement expressly permits the amendment.
D. If a beneficiary is not a party to an account agreement and the bank and the depositor know the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment does not adversely and materially affect a payment right of the beneficiary.
E. If a beneficiary is not a party to an account agreement and the bank and the depositor do not know whether the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment is made in good faith.