108

LAWS OF MARYLAND

[Ch. 49

section of this [subtitle] TITLE (§ 2-201) must be
satisfied if the contract as modified is within its
provisions.

(4)     Although an attempt at modification or
rescission does not satisfy the requirements of
subsection (2) or (3) it can operate as a waiver.

(5)    A party who has made a waiver affecting an
executory portion of the 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.

2—210. Delegation of performance; assignment of rights.

(1)   A party may perform his duty through a delegate
unless otherwise agreed or unless the other party has a
substantial interest in having his original promisor
perform or control the acts required by the contract.
No delegation of performance relieves the party
delegating of any duty to perform or any liability for
breach.

(2)    Unless otherwise agreed all rights of either
seller or buyer can be assigned except where the
assignment would materially change the duty of the other
party, or increase materially the burden or risk imposed
on him by his contract, or impair materially his chance
of obtaining return performance. A right to damages for
breach of the whole contract or a right arising out of
the assignor's due performance of his entire obligation
can be assigned despite agreement otherwise.

(3)   Unless the circumstances indicate the contrary
a prohibition of assignment of the "contract" is to be
construed as barring only the delegation to the assignee
of the assignor's performance.

(1) An assignment of "the contract" or of "all my
rights under the contract" or an assignment in similar
general terms is an assignment of rights and unless the
language or the circumstances (as in an assignment for
security) indicate the contrary, it is a delegation of
performance of the duties of the assignor and its
acceptance by the assignee constitutes a promise by him
to perform those duties. This promise is enforceable by
either the assignor or the other party to the original
contract.

(5) The other party may treat any assignment which
delegates performance as creating reasonable grounds for
insecurity and may without prejudice to his rights