Tribal Law Gateway  | Turtle Mountain Band of Chippewa Indians of North Dakota | Collection | Turtle Mountain Band of Chippewa Indians Tribal Code. | Title 24 Commercial Code | Chapter 24.45 Rights of Third Parties | 24.45.050 Modification of Assigned Contract

Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

24.45.050 Modification of Assigned Contract

(a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d).

(b) Subsection (a) applies to the extent that:

(1) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or

(2) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under subsection (a) of Section 24.45.060.

(c) This section is subject to law other than Chapters 24.42 through 24.48 which establish a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.

(d) This section does not apply to an assignment of a health care insurance receivable.

Original url: /us/nsn/tmchippewa/council/code/24.45.050

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