§ 5103. Scope
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial CodeEffective: June 16, 2008
Effective: June 16, 2008
13 Pa.C.S.A. § 5103
§ 5103. Scope
(c) Variation by agreement or undertaking.--With the exception of this subsection, subsections (a) and (d), the definitions of “issuer” and “letter of credit” under section 5102(a) (relating to definitions) and sections 5106(d) (relating to perpetual letters of credit) and 5114(d) (relating to assignment of proceeds), and except to the extent prohibited under sections 1302 (relating to variation by agreement) and 5117(d) (relating to time at which subrogation rights arise), the effect of this division may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this division.
(d) Independence of rights and obligations of issuer.--Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.
Credits
2001, June 8, P.L. 123, No. 18, § 13, effective July 1, 2001. Amended 2008, April 16, P.L. 57, No. 13, § 11, effective in 60 days [June 16, 2008].
13 Pa.C.S.A. § 5103, PA ST 13 Pa.C.S.A. § 5103
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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