Section 2--209. Modification, Rescission and Waiver  


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  • (1)  An  agreement  modifying  a contract within this Article needs no
      consideration to be binding.
        (2) 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      except  by  a  signed writing cannot be otherwise modified or rescinded,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.
        (3) The requirements of the statute of frauds section of this  Article
      (Section 2--201) must be satisfied if the contract as modified is within
      its provisions.
        (4) Although an attempt at modification or rescission does not satisfy
      the requirements of subsection (2) or (3) it can operate as a waiver.
        (5)  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.