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Commercial Code - COM - COM § 1304
Commercial Code - COM - COM § 1304
Every contract or duty within this code imposes an obligation of good faith in its performance and enforcement.
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Commercial Code - COM - COM § 1305
Commercial Code - COM - COM § 1305
(a) The remedies provided by this code shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically p
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Commercial Code - COM - COM § 1306
Commercial Code - COM - COM § 1306
A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record.
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Commercial Code - COM - COM § 1307
Commercial Code - COM - COM § 1307
(1) A bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is admissible as evidence of the facts stated in the document by t
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Commercial Code - COM - COM § 1308
Commercial Code - COM - COM § 1308
(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest” or the like are su
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Commercial Code - COM - COM § 1309
Commercial Code - COM - COM § 1309
A term providing that one party or that party’s successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or when the party “deems itself insecure,” or words of similar import, means that the party has power to do so only
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Commercial Code - COM - COM § 1310
Commercial Code - COM - COM § 1310
An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordinati
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Commercial Code - COM - COM § 13101
Commercial Code - COM - COM § 13101
This code shall become effective on January 1, 1965. It applies to transactions entered into and events occurring after that date.
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Commercial Code - COM - COM § 13102
Commercial Code - COM - COM § 13102
Transactions validly entered into before January 1, 1965, and the rights, duties, and interests flowing from them remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this ac
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Commercial Code - COM - COM § 13103
Commercial Code - COM - COM § 13103
Except as provided in the following section, all acts and parts of acts inconsistent with this act are hereby repealed.
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Commercial Code - COM - COM § 13105
Commercial Code - COM - COM § 13105
(1) A financing statement or a continuation thereof, properly filed and effective pursuant to Section 9401 as it existed prior to January 1, 1971, remains valid and effective after January 1, 1971, until expiration of the usual five-year period from date of filing. Any terminatio
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Commercial Code - COM - COM § 14101
Commercial Code - COM - COM § 14101
The amendments to this code, as adopted by the Legislature at the 1973–74 Regular Session, shall become effective at 12:01 a.m. on January 1, 1976.
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Commercial Code - COM - COM § 14102
Commercial Code - COM - COM § 14102
The provisions of Division 13 shall continue to apply to this code, as amended by the Legislature at the 1973–74 Regular Session, and for this purpose this code as it existed prior to January 1, 1976, and this code, as amended by the Legislature at the 1973–74 Regular Session, sh
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Commercial Code - COM - COM § 14103
Commercial Code - COM - COM § 14103
Transactions validly entered into after January 1, 1965, and before January 1, 1976, and which were subject to the provisions of this code and which would be subject to this code as amended by the Legislature at the 1973–74 Regular Session if they had been entered into after Janu
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Commercial Code - COM - COM § 14104
Commercial Code - COM - COM § 14104
A security interest for the perfection of which filing or the taking of possession was required under this code and which attached prior to January 1, 1976, but was not perfected shall be deemed perfected on January 1, 1975, if this code as amended by the Legislature at the 1973–
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Commercial Code - COM - COM § 14105
Commercial Code - COM - COM § 14105
(1) A financing statement or continuation statement filed prior to January 1, 1976, which shall not have lapsed prior to January 1, 1976, shall remain effective for the period provided in this code as it existed prior to January 1, 1976, but not less than five years after the fil
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Commercial Code - COM - COM § 14106
Commercial Code - COM - COM § 14106
(1) If a security interest is perfected or has priority on January 1, 1976, as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against tho
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Commercial Code - COM - COM § 14107
Commercial Code - COM - COM § 14107
Except as otherwise provided in this division, this code as it existed prior to January 1, 1976, shall apply to any questions of priority if the positions of the parties were fixed prior to January 1, 1976. In other cases questions of priority shall be determined by this code as
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Commercial Code - COM - COM § 14108
Commercial Code - COM - COM § 14108
Unless a change in law has clearly been made, the provisions of this code as amended by the Legislature at the 1973–74 Regular Session shall be deemed declaratory of the meaning of this code as it existed prior to January 1, 1976. The amendments to subdivision (38) of Section 120
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Commercial Code - COM - COM § 14109
Commercial Code - COM - COM § 14109
(1) The amendments to this code relating to fixtures adopted by the Legislature at the 1979–1980 Regular Session shall apply to security interests which attach on or after January 1, 1981, in goods which become fixtures on or after January 1, 1981. (2) If the record of a mortgage
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Commercial Code - COM - COM § 15101
Commercial Code - COM - COM § 15101
The repeal and addition of Division 8 (commencing with Section 8101) made at the 1984 portion of the 1983–84 Regular Session shall become effective on January 1, 1985.
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Commercial Code - COM - COM § 15102
Commercial Code - COM - COM § 15102
The provisions of Division 13 (commencing with Section 13101) and Division 14 (commencing with Section 14101) shall continue to apply to this code, as revised by the Legislature at the 1983–84 Regular Session, and for this purpose, this code as it existed prior to January 1, 1985
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Commercial Code - COM - COM § 15103
Commercial Code - COM - COM § 15103
The owner of an interest (other than a security interest) in an uncertificated security (paragraph (b) of subdivision (1) of Section 8102) whose interest was acquired prior to January 1, 1985, or was acquired after January 1, 1985, in an uncertificated security issued in respect
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Commercial Code - COM - COM § 15104
Commercial Code - COM - COM § 15104
A secured party who has a security interest in an uncertificated security (paragraph (b) of subdivision (1) of Section 8102), which security interest attached to that uncertificated security (a) prior to January 1, 1985, or (b) after that date in an uncertificated security issued
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Commercial Code - COM - COM § 16101
Commercial Code - COM - COM § 16101
The repeal and addition of Division 3 (commencing with Section 3101) and the repeal and addition, the amendment, and the addition of provisions of Division 4 (commencing with Section 4101), and the amendment of related sections, adopted by the Legislature in Chapter 914 of the St