KRS 355.2-209: Modification, rescission, and waiver.

(1) An agreement modifying a contract within this article needs no consideration to be

binding.

(2) A signed agreement that excludes modification or rescission except by a signed

writing or other signed record cannot be otherwise modified or rescinded, but,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 section of this article (KRS 355.2 -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) of this section, it can operate as a waiver.

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