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S.B. 142
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VETOES
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(1) THE PARTY AGAINST WHICH ENFORCEMENT IS SOUGHT
AUTHENTICATED A RECORD SUFFICIENT TO INDICATE THAT A CONTRACT HAS BEEN
FORMED AND WHICH REASONABLY IDENTIFIES THE COPY OR SUBJECT MATTER TO
WHICH THE CONTRACT REFERS; OR
(2) THE AGREEMENT IS A LICENSE FOR AN AGREED DURATION OF ONE
YEAR OR LESS OR WHICH MAY BE TERMINATED AT WILL BY THE PARTY AGAINST
WHICH THE CONTRACT IS ASSERTED.
(B) A RECORD IS SUFFICIENT UNDER SUBSECTION (A) OF THIS SECTION EVEN
IF IT OMITS OR INCORRECTLY STATES A TERM, BUT THE CONTRACT IS NOT
ENFORCEABLE UNDER THAT SUBSECTION BEYOND THE NUMBER OF COPIES OR
SUBJECT MATTER SHOWN IN THE RECORD.
(C) A CONTRACT THAT DOES NOT SATISFY THE REQUIREMENTS OF
SUBSECTION (A) OF THIS SECTION IS NEVERTHELESS ENFORCEABLE UNDER THAT
SUBSECTION IF:
(1) A PERFORMANCE WAS TENDERED OR THE INFORMATION WAS MADE
AVAILABLE BY ONE PARTY AND THE TENDER WAS ACCEPTED OR THE INFORMATION
ACCESSED BY THE OTHER; OR
(2) THE PARTY AGAINST WHICH ENFORCEMENT IS SOUGHT ADMITS IN
COURT, BY PLEADING OR BY TESTIMONY OR OTHERWISE UNDER OATH, FACTS
SUFFICIENT TO INDICATE A CONTRACT HAS BEEN MADE, BUT THE AGREEMENT IS
NOT ENFORCEABLE UNDER THIS PARAGRAPH BEYOND THE NUMBER OF COPIES OR
THE SUBJECT MATTER ADMITTED.
(D) BETWEEN MERCHANTS, IF, WITHIN A REASONABLE TIME, A RECORD IN
CONFIRMATION OF THE CONTRACT AND SUFFICIENT AGAINST THE SENDER IS
RECEIVED AND THE PARTY RECEIVING IT HAS REASON TO KNOW ITS CONTENTS, THE
RECORD SATISFIES SUBSECTION (A) OF THIS SECTION AGAINST THE PARTY
RECEIVING IT UNLESS NOTICE OF OBJECTION TO ITS CONTENTS IS GIVEN IN A
RECORD WITHIN 10 DAYS A REASONABLE TIME AFTER THE CONFIRMING RECORD IS
RECEIVED.
(E) AN AGREEMENT THAT THE REQUIREMENTS OF THIS SECTION NEED NOT
BE SATISFIED AS TO FUTURE TRANSACTIONS IS EFFECTIVE IF EVIDENCED IN A
RECORD AUTHENTICATED BY THE PERSON AGAINST WHICH ENFORCEMENT IS
SOUGHT.
(F) A TRANSACTION WITHIN THE SCOPE OF THIS TITLE IS NOT SUBJECT TO A
STATUTE OF FRAUDS CONTAINED IN ANOTHER LAW OF THIS STATE.
21-202. FORMATION IN GENERAL.
(A) A CONTRACT MAY BE FORMED IN ANY MANNER SUFFICIENT TO SHOW
AGREEMENT, INCLUDING OFFER AND ACCEPTANCE OR CONDUCT OF BOTH PARTIES
OR OPERATIONS OF ELECTRONIC AGENTS WHICH RECOGNIZE THE EXISTENCE OF A
CONTRACT.
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- 3660 -
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