400.2-210. (1) A party may perform his or her duty through adelegate unless otherwise agreed or unless the other party has asubstantial interest in having his or her original promisor perform orcontrol the acts required by the contract. No delegation of performancerelieves the party delegating of any duty to perform or any liability forbreach.
(2) Unless otherwise agreed all rights of either seller or buyer canbe assigned except where the assignment would materially change the duty ofthe other party, or increase materially the burden or risk imposed on himor her by his or her contract, or impair materially his or her chance ofobtaining return performance. A right to damages for breach of the wholecontract or a right arising out of the assignor's due performance of his orher entire obligation can be assigned despite agreement otherwise.
(3) The creation, attachment, perfection or enforcement of a securityinterest in the seller's interest under a contract is not a transfer thatmaterially changes the duty of or increases materially the burden or riskimposed on the buyer or impairs materially the buyer's chance of obtainingreturn performance within the purview of subsection (2) of this sectionunless, and then only to the extent that, enforcement actually results in adelegation of material performance of the seller. Even in that event, thecreation, attachment, perfection and enforcement of the security interestremain effective, but (i) the seller is liable to the buyer for damagescaused by the delegation to the extent that the damages could notreasonably be prevented by the buyer, and (ii) a court having jurisdictionmay grant other appropriate relief, including cancellation of the contractfor sale or an injunction against enforcement of the security interest orconsummation of the enforcement.
(4) Unless the circumstances indicate the contrary a prohibition ofassignment of "the contract" is to be construed as barring only thedelegation to the assignee of the assignor's performance.
(5) An assignment of "the contract" or of "all my rights under thecontract" or an assignment in similar general terms is an assignment ofrights and unless the language or the circumstances (as in an assignmentfor security) indicate the contrary, it is a delegation of performance ofthe duties of the assignor and its acceptance by the assignee constitutes apromise by him or her to perform those duties. This promise is enforceableby either the assignor or the other party to the original contract.
(6) The other party may treat any assignment which delegatesperformance as creating reasonable grounds for insecurity and may withoutprejudice to his or her rights against the assignor demand assurances fromthe assignee (section 400.2-609).
400.2-210. (1) A party may perform his or her duty through adelegate unless otherwise agreed or unless the other party has asubstantial interest in having his or her original promisor perform orcontrol the acts required by the contract. No delegation of performancerelieves the party delegating of any duty to perform or any liability forbreach.
(2) Unless otherwise agreed all rights of either seller or buyer canbe assigned except where the assignment would materially change the duty ofthe other party, or increase materially the burden or risk imposed on himor her by his or her contract, or impair materially his or her chance ofobtaining return performance. A right to damages for breach of the wholecontract or a right arising out of the assignor's due performance of his orher entire obligation can be assigned despite agreement otherwise.
(3) The creation, attachment, perfection or enforcement of a securityinterest in the seller's interest under a contract is not a transfer thatmaterially changes the duty of or increases materially the burden or riskimposed on the buyer or impairs materially the buyer's chance of obtainingreturn performance within the purview of subsection (2) of this sectionunless, and then only to the extent that, enforcement actually results in adelegation of material performance of the seller. Even in that event, thecreation, attachment, perfection and enforcement of the security interestremain effective, but (i) the seller is liable to the buyer for damagescaused by the delegation to the extent that the damages could notreasonably be prevented by the buyer, and (ii) a court having jurisdictionmay grant other appropriate relief, including cancellation of the contractfor sale or an injunction against enforcement of the security interest orconsummation of the enforcement.
(4) Unless the circumstances indicate the contrary a prohibition ofassignment of "the contract" is to be construed as barring only thedelegation to the assignee of the assignor's performance.
(5) An assignment of "the contract" or of "all my rights under thecontract" or an assignment in similar general terms is an assignment ofrights and unless the language or the circumstances (as in an assignmentfor security) indicate the contrary, it is a delegation of performance ofthe duties of the assignor and its acceptance by the assignee constitutes apromise by him or her to perform those duties. This promise is enforceableby either the assignor or the other party to the original contract.
(6) The other party may treat any assignment which delegatesperformance as creating reasonable grounds for insecurity and may withoutprejudice to his or her rights against the assignor demand assurances fromthe assignee (section 400.2-609).
400.2-210. (1) A party may perform his or her duty through adelegate unless otherwise agreed or unless the other party has asubstantial interest in having his or her original promisor perform orcontrol the acts required by the contract. No delegation of performancerelieves the party delegating of any duty to perform or any liability forbreach.
(2) Unless otherwise agreed all rights of either seller or buyer canbe assigned except where the assignment would materially change the duty ofthe other party, or increase materially the burden or risk imposed on himor her by his or her contract, or impair materially his or her chance ofobtaining return performance. A right to damages for breach of the wholecontract or a right arising out of the assignor's due performance of his orher entire obligation can be assigned despite agreement otherwise.
(3) The creation, attachment, perfection or enforcement of a securityinterest in the seller's interest under a contract is not a transfer thatmaterially changes the duty of or increases materially the burden or riskimposed on the buyer or impairs materially the buyer's chance of obtainingreturn performance within the purview of subsection (2) of this sectionunless, and then only to the extent that, enforcement actually results in adelegation of material performance of the seller. Even in that event, thecreation, attachment, perfection and enforcement of the security interestremain effective, but (i) the seller is liable to the buyer for damagescaused by the delegation to the extent that the damages could notreasonably be prevented by the buyer, and (ii) a court having jurisdictionmay grant other appropriate relief, including cancellation of the contractfor sale or an injunction against enforcement of the security interest orconsummation of the enforcement.
(4) Unless the circumstances indicate the contrary a prohibition ofassignment of "the contract" is to be construed as barring only thedelegation to the assignee of the assignor's performance.
(5) An assignment of "the contract" or of "all my rights under thecontract" or an assignment in similar general terms is an assignment ofrights and unless the language or the circumstances (as in an assignmentfor security) indicate the contrary, it is a delegation of performance ofthe duties of the assignor and its acceptance by the assignee constitutes apromise by him or her to perform those duties. This promise is enforceableby either the assignor or the other party to the original contract.
(6) The other party may treat any assignment which delegatesperformance as creating reasonable grounds for insecurity and may withoutprejudice to his or her rights against the assignor demand assurances fromthe assignee (section 400.2-609).
