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ORS 75.1030

Known as the Uniform Commercial Code

The act spans §§ 75–75 (19 sections).

Applied in 2 court decisions — leading case Western Surety Co., a Texas Corporation v. Bank of Southern Oregon, an Oregon State Chartered Bank (2001)

Most recently applied in 715 F. Supp. 2d 1143 - CRM Collateral v. Tri-County Metropolitan Transportation District (May 2010)

1961 c.726 §75.1030; 1993 c.545 §119; 1997 c.150 §6; 2009 c.181 §49

(1) This chapter applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.

(2) The statement of a rule in this chapter does not by itself require, imply or negate application of the same or different rule to a situation not provided for, or to a person not specified in this chapter.

(3) With the exception of this subsection, subsections (1) and (4) of this section and ORS 75.1020 (1)(i) and (j), 75.1060 (4) and 75.1140 (4), and except to the extent prohibited in ORS 71.3020 and 75.1170 (4), the effect of this chapter 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 chapter.

(4) 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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.