(1)   An agreement modifying a contract within this title needs no
consideration to be binding.
  (2)   A signed agreement which excludes modification or rescission except by
a signed writing cannot be otherwise modified or rescinded but except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 title (§
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) it can operate as a waiver.
  (5)   A party who has made a waiver affecting an executory portion of the
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.
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