6-123. Provisions variable by agreement.
185 words·~1 min read·
/ne/chapter-6/6-123A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in this section and subsection
(b)of section 6-110 , the provisions of the Uniform Assignment for Benefit of Creditors Act may not be varied by agreement.
(b)The duties under subsection
(a)of section 6-108 and subsection
(a)of section 6-109 may not be disclaimed by agreement. An assignor and the assignee may determine by agreement the standards measuring the fulfillment of the duties of the assignor under section 6-108 and the assignee under section 6-109 if the standards are not manifestly unreasonable.
(c)Except as provided in subsection
(d)of section 6-117 , the assignment agreement may limit the assignee's liability under section 6-117 and may require the assignee be indemnified by the assignment estate.
(d)Except as provided under subsection
(a)of section 6-107 , whenever the Uniform Assignment for Benefit of Creditors Act requires an action to be taken within a reasonable time, a time not manifestly unreasonable may be fixed by agreement.
(e)The assignment agreement may provide for duties of the assignee in addition to those in the Uniform Assignment for Benefit of Creditors Act.