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Unformatted text preview: sgree. Since there was no indication that the parties agreed on the arbitration clause, it can not be enforced. Whether an additional provision to an agreement which is not considered to be a necessary or missing term by the UCC’s “gap-filler” provisions, can be included in the terms of a contract formed though performance. No, an arbitration clause is not considered a “gap-filler” provision by the UCC sec. 2-207 (3). An additional term of an agreement that is not considered a “gap-filler” provision by the UCC has to be agreed upon by both parties to become an effective part of a contract....
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- Spring '08
- Arbitration Clause, UCC sec