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Modification, rescission and waiver - 13 Pa. Cons. Stat. § 2209

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     § 2209.  Modification, rescission and waiver.
        (a)  Consideration unnecessary for modification.--An
     agreement modifying a contract within this division needs no
     consideration to be binding.
        (b)  Writing excluding modification or rescission.--A signed
     agreement which excludes modification or rescission except by a
     signed writing cannot be otherwise modified or rescinded, but
     except as between merchants such a requirement on a form
     supplied by the merchant must be separately signed by the other
     party.
        (c)  Compliance of modified contract with statute of
     frauds.--The requirements of section 2201 (relating to formal
     requirements; statute of frauds) must be satisfied if the
     contract as modified is within its provisions.
        (d)  Ineffective modification or rescission as waiver.--
     Although an attempt at modification or rescission does not
     satisfy the requirements of subsection (b) or (c) it can operate
     as a waiver.
        (e)  Retraction of waiver.--A party who has made a waiver
     affecting an executory portion of the contract may retract the
     waiver by reasonable notification received by the other party
     that strict performance will be required of any term waived,
     unless the retraction would be unjust in view of a material
     change of position in reliance on the waiver.

        Cross References.  Section 2209 is referred to in section
     2208 of this title.

Last modified: November 27, 2007