6-2-122. Provisions variable by agreement.
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Effective 5/6/2026
6-2-122. Provisions variable by agreement.
(1)Except as provided in this section and Subsection 6-2-109(2) , the provisions of this chapter may not be varied by agreement.
(a)The duties under Subsections 6-2-107(1) and 6-2-108(1) may not be disclaimed by agreement.
(b)An assignor and the assignee may determine by agreement the standards measuring the fulfillment of the duties of the assignor under Section 6-2-107 and the assignee under Section 6-2-108 if the standards are not manifestly unreasonable.
(3)Except as provided in Subsection 6-2-116(4) , the assignment agreement may limit the assignee's liability under Section 6-2-116 and may require the assignee be indemnified by the assignment estate.
(4)Except as provided under Subsection 6-2-106(1) , whenever this chapter requires an action to be taken within a reasonable time, a time not manifestly unreasonable may be fixed by agreement.
(5)The assignment agreement may provide for duties of the assignee in addition to those in this chapter.
Enacted by Chapter 314 , 2026 General Session