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California Commercial Code Section 1308

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(a) A party that with explicit reservation of rights performs
or promises performance or assents to performance in a manner
demanded or offered by the other party does not thereby prejudice the
rights reserved. Such words as "without prejudice," "under protest"
or the like are sufficient.
   (b) Subdivision (a) does not apply to an accord and satisfaction.

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Last modified: January 12, 2009