47-9405. Modification of assigned contract
A. A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections B, C and D of this section.
B. Subsection A of this section applies to the extent that:
1. The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or
2. The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under section 47-9406, subsection A.
C. This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family or household purposes.
D. This section does not apply to an assignment of a health-care-insurance receivable.
Section: Previous 47-9340 47-9341 47-9342 47-9401 47-9402 47-9403 47-9404 47-9405 47-9406 47-9407 47-9408 47-9409 47-9501 47-9502 47-9503 NextLast modified: October 13, 2016