§490:2A-208  Modification, rescission and
waiver.  (a)  An agreement modifying a lease contract needs no
consideration to be binding.



(b)  A signed lease agreement that excludes
modification or rescission except by a signed writing may not be otherwise modified
or rescinded, but, except as between merchants, such a requirement on a form
supplied by a merchant must be separately signed by the other party.



(c)  Although an attempt at modification or
rescission does not satisfy the requirements of subsection (b), it may operate
as a waiver.



(d)  A party who has made a waiver affecting an
executory portion of a lease 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. [L 1991, c 40, pt of §1]