Variance by agreement Clause Samples
The 'Variance by agreement' clause allows the parties to modify or deviate from the terms of the contract through mutual consent. In practice, this means that if both parties agree, they can alter specific obligations, deadlines, or procedures outlined in the original agreement, often requiring such changes to be documented in writing. This clause provides flexibility, enabling the contract to adapt to changing circumstances or unforeseen needs, and ensures that any modifications are made transparently and with the approval of all involved parties.
Variance by agreement. Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
Variance by agreement. The requirements of this section may not be varied by agreement,
A. To the extent a law other than this chapter requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection 1 that the information be in the form of an electronic record capable of retention may also be varied by agreement; and [PL 1999, c. 762, §2 (NEW).]
B. A requirement under a law other than this chapter to send, communicate or transmit a record by certified mail, return receipt requested; first-class mail, postage prepaid; or regular United States mail may be varied by agreement to the extent permitted by the other law. [PL 1999, c. 762, §2 (NEW).] [PL 1999, c. 762, §2 (NEW).] SECTION HISTORY PL 1999, c. 762, §2 (NEW).
1. Attributable to person. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
Variance by agreement. Subsections 2 and 3 may not be varied by agreement.