MARVIN MANDEL, Governor                                   107

(a)   The offer expressly limits acceptance to
the terms of the offer;

(b)   They materially alter it; or

(c) Notification of objection to then has
already been given or is given within a reasonable time
after notice of then is received.

(3) Conduct by both parties which recognizes the
existence of a contract is sufficient to establish a
contract for sale although the writings of the parties do
not otherwise establish a contract. In such case the
terms of the particular contract consist of those terms
on which the writings of the parties agree, together with
any supplementary terms incorporated under any other
provisions of TITLES 1 THROUGH 10 OF this article.

2—208. Course of performance or practical construction.

(1)    Where the contract for sale involves repeated
occasions for performance, by either party with knowledge
of the nature of the performance and opportunity for
objection to it by the other, any course of performance
accepted or acquiesced in without objection shall be
relevant to determine the meaning of the agreement.

(2)   The express terms of the agreement and any such
course of performance, as well as any course of dealing
and usage of, trade, shall be construed whenever
reasonable as consistent with each other; but when such
construction is unreasonable, express terns shall control
course of performance and course of performance shall
control both course of dealing and usage of trade (§
1-205).

(3)    Subject to the provisions of the next section
on modification and waiver, such course of performance
shall be relevant to show a waiver or modification of any
term inconsistent with such course of performance.

2—209. Modification, rescission and waiver.

(1)    An agreement modifying a contract within this
[subtitle] TITLE needs no consideration to be binding.

(2)   A signed agreement which excludes modification
or rescission except by a signed writing cannot be
otherwise modified or rescinded but except as between
merchants such a requirement on a form supplied by the
merchant must be separately signed by the other party.

(3)   The requirements of the statute of frauds