Common use of Variance by agreement Clause in Contracts

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.