(a) A party that, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice”, “under protest” or the like are sufficient.
(b) Subsection (a) of this section does not apply to an accord and satisfaction.
(P.A. 05-109, S. 20.)
Subsec. (a):
The trial court's finding that plaintiffs who waived the minimum purchase requirement for the 3rd through 5th contract years did not indicate their intent to reserve their rights as to those or subsequent contract years and thus waived said requirement in the 6th contract year was not clearly erroneous; the obligee bears the risk of any ambiguity arising from its failure to clearly announce whether its decision repeatedly to waive those rights is to be construed as a continuing waiver. 318 C. 737.
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