reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 1 - PROPERTY CEDED TO UNITED STATES (§§ 3-1-101 — 3-1-137) › Section 3-1-131 - Mesa Verde National Park

Exclusive jurisdiction shall be and the same is hereby ceded to the United States over and within all the territory which is now or may hereafter be included in that tract of land in the state of Colorado set aside and dedicated for park purposes by the United States, known as Mesa Verde National Park, saving, however, to the state of Colorado the right to serve civil or criminal process within the limits of the aforesaid park, in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed outside of said park, and saving further to the said state the right to tax persons and corporations, their franchises and property on the lands included in said tracts, and saving also to the persons residing in said park now or hereafter the right to vote at all elections held within the county or counties in which said tracts are situated; but jurisdiction shall not vest in the United States now or hereafter over any lands included within said park until the United States, through its proper officer, notifies the state of Colorado, through its governor, that the United States assumes police jurisdiction over the respective tracts involved.
L. 27: p. 481, § 1. CSA: C. 168, § 34. CRS 53: § 142-1-34. C.R.S. 1963: § 143-1-34.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 1 - PROPERTY CEDED TO UNITED STATES (§§ 3-1-101 — 3-1-137) › Section 3-1-132 - Air corps technical school - Denver

(1) to (3)
Repealed.
(4)
(a)
The state of Colorado hereby accepts the relinquishment of legislative jurisdiction from the United States of America over the real property comprising Lowry Air Force base, formerly a branch of the air corps technical school located in Denver.
(b)
The transfer of legislative jurisdiction shall be effective upon acceptance by the governor of the notice of relinquishment filed by the secretary of the Air Force pursuant to
10 U.S.C. sec. 2683
. The governor shall notify the office of legislative legal services of the date of such acceptance.
(c)
Repealed.
Amended by 2013 Ch. 316,§ 5, eff. 8/7/2013.
L. 39: pp. 467, 468, §§ 1-3. CSA: omitted. CRS 53: § 142-1-35. L. 55: p. 931, § 1. C.R.S. 1963: § 143-1-35. L. 94: (4) added, p. 648, § 1, effective April 14. L. 2013: (4) (c) repealed, (HB 13-1300), ch. 316, p. 1662, § 5, effective August 7.
Subsection (4)(c) provided for the repeal of subsections (1) to (3), effective on the date of the transfer of legislative jurisdiction, May 1, 1994.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 1 - PROPERTY CEDED TO UNITED STATES (§§ 3-1-101 — 3-1-137) › Section 3-1-133 - [Repealed]

L. 67: p. 7, § 1. C.R.S. 1963: § 143-1-36. L. 2011: (2) added by revision, (SB 11-214), ch. 147, pp. 511, 513, §§ 1, 4.
Subsection (2) provided for the repeal of this section, effective March 1, 2012. (See L. 2011, p. 513.)
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 1 - PROPERTY CEDED TO UNITED STATES (§§ 3-1-101 — 3-1-137) › Section 3-1-134 - Consent to acquisition of land for certain purposes

Consent of the state of Colorado is hereby given for the acquisition by the United States of such lands in the state of Colorado as in the opinion of the secretary of agriculture of the United States may be needed for stream flow protection, production of timber, erosion control, and related purposes, by exchange of lands in the state of Colorado administered under the "Weeks Law", subject to the right of the state to cause its civil and criminal processes to be executed on such lands and to punish offenses against the laws of this state committed on lands so acquired, except that before any lands owned by the state of Colorado may be exchanged under the provisions of this article, said exchange or exchanges must be approved by the state board of land commissioners or the executive director of the department of natural resources.
L. 70: p. 425, § 1. C.R.S. 1963: § 143-1-37.
For the text to "Weeks Law" referred to in this section, see 16 U.S.C. secs. 480, 500, 515 to 519, 521, 552, and 563.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 1 - PROPERTY CEDED TO UNITED STATES (§§ 3-1-101 — 3-1-137) › Section 3-1-135 - United States Army Garrison, Fitzsimons - Aurora - acceptance of jurisdiction

The state of Colorado hereby accepts the relinquishment of legislative jurisdiction from the United States of America over the real property comprising the United States Army Garrison, Fitzsimons, located in the city of Aurora. The transfer of legislative jurisdiction shall be effective upon acceptance by the governor of the notice of relinquishment filed by the secretary of the Army pursuant to
10 U.S.C. sec. 2683
. The governor shall notify the office of legislative legal services of the date of such acceptance. The state shall not incur or assume any liability as a result of accepting the relinquishment of legislative jurisdiction pursuant to this section.
L. 97: Entire section added, p. 9, § 1, effective March 13.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 1 - PROPERTY CEDED TO UNITED STATES (§§ 3-1-101 — 3-1-137) › Section 3-1-137 - Severability

If any provision of this article is held invalid, such invalidity shall not affect other provisions of this article that can be given effect without such invalid provision.
L. 2009: Entire section added, (HB 09-1317), ch. 381, p. 2073, §2, effective June 2 .
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 2 - JURISDICTION RESERVED BY STATE (§ 3-2-101) › Section 3-2-101 - State jurisdiction over Indian reservations and federally controlled properties for school district purposes

The state of Colorado hereby accepts jurisdiction over the territory of all Indian reservations, which is situated within the state, for the purpose of such territory, or any portion thereof, being included within one or more school districts and local college districts. The state of Colorado hereby reserves jurisdiction over all federally owned or controlled territory within the state, in all instances wherein such reserved jurisdiction may be so construed in accordance with the terms of the grants or agreements heretofore or hereafter made to or with the federal government, for the purpose of such territory, or any portion thereof, being included within one or more school districts and local college districts.
L. 63: p. 979, § 1. C.R.S. 1963: § 143-2-1.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 3 - CONCURRENT JURISDICTION (§§ 3-3-101 — 3-3-106) › Section 3-3-101 - Concurrent jurisdiction of the United States over certain lands dedicated to national park purposes

(1)
Concurrent legislative jurisdiction under the laws of this state is ceded to the United States over and within all the lands dedicated to national park purposes in the following tracts:
(a)
Bent's Old Fort National Historic Site;
(b)
Black Canyon of the Gunnison National Park;
(c)
Colorado National Monument;
(d)
Curecanti National Recreation Area;
(e)
Dinosaur National Monument;
(f)
Florissant Fossil Beds National Monument;
(g)
Great Sand Dunes National Monument or the Great Sand Dunes National Park upon the establishment of that park by the secretary of the interior of the United States in accordance with the federal "Great Sand Dunes National Park and Preserve Act of 2000", Pub.L. 106-530;
(g.5)
Great Sand Dunes National Preserve;
(h)
Hovenweep National Monument;
(i)
Yucca House National Monument.
(2)
The concurrent jurisdiction ceded by subsection (1) of this section is vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the lands within the designated areas are dedicated to park purposes.
(3)
The governor is hereby authorized and empowered to execute all proper documents for the cession granted in subsection (1) of this section upon request of the United States by and through its appropriate officials.
(4)
The state of Colorado retains concurrent jurisdiction, both civil and criminal, with the United States over all lands specified in subsection (1) of this section.
L. 83: Entire article added, p. 385, § 1, effective May 25. L. 2001: (1) amended, p. 1307, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 3 - CONCURRENT JURISDICTION (§§ 3-3-101 — 3-3-106) › Section 3-3-102 - Concurrent jurisdiction of the United States over certain lands dedicated to the Piñon Canyon maneuver site in Las Animas county

(1)
Concurrent legislative jurisdiction under the laws of this state is ceded to the United States over and within all the lands dedicated to the Piñon Canyon maneuver site in Las Animas county.
(2)
The concurrent jurisdiction ceded by subsection (1) of this section is vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the Piñon Canyon maneuver site exists.
(3)
The governor is hereby authorized and empowered to execute all proper documents for the cession granted in subsection (1) of this section upon request of the United States by and through its appropriate officials.
(4)
The state of Colorado retains concurrent jurisdiction, both civil and criminal, with the United States over all lands specified in subsection (1) of this section.
L. 85: Entire section added, p. 294, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 3 - CONCURRENT JURISDICTION (§§ 3-3-101 — 3-3-106) › Section 3-3-103 - United States Air Force academy - El Paso county - concurrent jurisdiction

(1)
The state of Colorado hereby cedes concurrent legislative jurisdiction under the laws of this state to the United States over and within the lands dedicated to the United States Air Force academy site in El Paso county.
(2)
The concurrent jurisdiction ceded in subsection (1) of this section is vested upon acceptance by the United States by and through its appropriate officials and shall continue for as long as the United States Air Force academy site is located in El Paso county.
(3)
Upon request by the United States by and through its appropriate officials, the governor is authorized and empowered to execute the appropriate documents to accomplish the cession granted by this section.
(4)
The state of Colorado retains concurrent jurisdiction, both civil and criminal, with the United States over all lands specified in subsection (1) of this section.
L. 95: Entire section added, p. 744, § 1, effective May 23.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 3 - CONCURRENT JURISDICTION (§§ 3-3-101 — 3-3-106) › Section 3-3-104 - Rocky Mountain arsenal - Adams county - concurrent jurisdiction

(1)
(a)
The state of Colorado hereby accepts the relinquishment of legislative jurisdiction from the United States over four hundred twelve property tracts within the Rocky Mountain arsenal in Adams county. The state of Colorado shall have concurrent legislative jurisdiction with the United States over the property indicated in this paragraph (a) for as long as the United States owns the property.
(b)
The concurrent legislative jurisdiction created by this section over the property indicated in paragraph (a) of this subsection (1) shall take effect upon acceptance by the governor of a notice filed by the secretary of the Army pursuant to
10 U.S.C. sec. 2683
relinquishing legislative jurisdiction and retaining concurrent legislative jurisdiction over the property. The governor shall notify the office of legislative legal services of the date of acceptance of the notice.
(c)
The state shall not incur or assume any liability as a result of accepting concurrent legislative jurisdiction pursuant to this subsection (1).
(2)
(a)
The state of Colorado hereby cedes concurrent legislative jurisdiction under the laws of this state to the United States over property tracts A-107 and B-353 within the Rocky Mountain arsenal in Adams county.
(b)
The concurrent legislative jurisdiction ceded in this subsection (2) is vested upon acceptance by the United States through its appropriate officials and shall continue for as long as the United States owns the property.
(c)
Upon request by the United States through its appropriate officials, the governor is authorized to execute the appropriate documents to accomplish the cession granted by this subsection (2).
(d)
The state of Colorado retains concurrent jurisdiction, both civil and criminal, with the United States over all property specified in paragraph (a) of this subsection (2).
L. 2003: Entire section added, p. 2558, § 1, effective June 5.
2023 Colorado Revised Statutes › Title 3 - UNITED STATES (§§ 3-1-101 — 3-3-106) › JURISDICTION (§§ 3-1-101 — 3-3-106) › Article 3 - CONCURRENT JURISDICTION (§§ 3-3-101 — 3-3-106) › Section 3-3-105 - Pueblo chemical depot - concurrent jurisdiction - legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The Pueblo depot activity development authority, created in 1994 by the general assembly, focused on the redevelopment of the United States Army Pueblo chemical depot to support job creation and economic growth;
(b)
The United States department of defense formally recognized the Pueblo depot activity development authority as the local development authority in 1995;
(c)
In 2013, over fifteen thousand acres of land of the United States Army Pueblo chemical depot was deemed surplus federal property and the Pueblo depot activity development authority officially changed their name to PuebloPlex;
(d)
In order to fully utilize the surplus land, the general assembly must establish concurrent legislative jurisdiction with the federal government by the governor formally accepting this jurisdiction from the secretary of the Army; and
(e)
The concurrent legislative jurisdiction seeks to avoid jurisdictional confusion and ensure emergency and police services are offered and available for the redevelopment of PuebloPlex.
(2)
(a)
The state of Colorado hereby accepts the relinquishment of exclusive legislative jurisdiction from the United States over the real property comprising the United States Army Pueblo chemical depot. The state of Colorado shall have concurrent legislative jurisdiction with the United States over the property indicated in this subsection (2)(a) for as long as the United States owns the property.
(b)
The concurrent legislative jurisdiction created by this section over the property indicated in subsection (2)(a) of this section shall take effect upon acceptance by the governor of a notice filed by the secretary of the Army pursuant to
10 U.S.C. sec. 2683
relinquishing exclusive legislative jurisdiction and retaining concurrent legislative jurisdiction over the property. The governor shall notify the revisor of statutes in writing, by e-mail sent to revisorofstatutes.ga@state.co.us, of the date of acceptance of the notice.
(c)
The state shall not incur or assume any liability as a result of accepting concurrent legislative jurisdiction pursuant to this subsection (2).
(3)
Upon request by the United States through its appropriate officials, the governor is authorized to execute the appropriate documents to accomplish the cession granted by subsection (2) of this section.
Added by 2021 Ch. 46, §1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-107) › Section 4-1-101 - Short titles

(a)
This title shall be known and may be cited as the "Uniform Commercial Code".
(b)
This article shall be known and may be cited as the "Uniform Commercial Code - General Provisions".
L. 2006: Entire article R&RE, p. 457, § 1, effective September 1.
This section is similar to former § 4-1-101 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-107) › Section 4-1-102 - Scope of article

This article applies to a transaction to the extent that it is governed by any other article of this title.
L. 2006: Entire article R&RE, p. 457, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-107) › Section 4-1-103 - Construction of act to promote its purposes and policies - applicability of supplemental principles of law

(a)
This title shall be liberally construed and applied to promote its underlying purposes and policies, which are:
(1)
To simplify, clarify, and modernize the law governing commercial transactions;
(2)
To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3)
To make uniform the law among the various jurisdictions.
(b)
Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions.
L. 2006: Entire article R&RE, p. 457, § 1, effective September 1.
This section is similar to former §§ 4-1-102 (1) and (2) and 4-1-103 as they existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-107) › Section 4-1-104 - Construction against implied repeal

This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
L. 2006: Entire article R&RE, p. 458, § 1, effective September 1.
This section is similar to former § 4-1-104 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-107) › Section 4-1-105 - Severability

If any provision or clause of this title or application thereof to any person or circumstances is held invalid, such invalidity does not affect other provisions or applications of this title that can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.
L. 2006: Entire article R&RE, p. 458, § 1, effective September 1.
This section is similar to former § 4-1-108 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-107) › Section 4-1-106 - Use of singular and plural - gender

In this title, unless the statutory context otherwise requires:
(1)
Words in the singular number include the plural, and those in the plural include the singular; and
(2)
Words of any gender also refer to any other gender.
L. 2006: Entire article R&RE, p. 458, § 1, effective September 1.
This section is similar to former § 4-1-102 (5) as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-107) › Section 4-1-107 - Captions

Section captions are part of this title.
L. 2006: Entire article R&RE, p. 458, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION (§§ 4-1-201 — 4-1-205) › Section 4-1-202 - Notice - knowledge

(a)
Subject to subsection (f) of this section, a person has "notice" of a fact if the person:
(1)
Has actual knowledge of it;
(2)
Has received a notice or notification of it; or
(3)
From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b)
"Knowledge" means actual knowledge.
(c)
"Discover", "learn", or words of similar import refer to knowledge rather than to notice.
(d)
A person "notifies" or "gives" a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course, whether or not the other person actually comes to know of it.
(e)
Subject to subsection (f) of this section, a person "receives" a notice or notification when:
(1)
It comes to that person's attention; or
(2)
It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f)
Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
L. 2006: Entire article R&RE, p. 463, § 1, effective September 1.
This section is similar to former § 4-1-201 (25) to (27) as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION (§§ 4-1-201 — 4-1-205) › Section 4-1-204 - Value

Except as otherwise provided in articles
3
, 4, 5, 6, and 12 of this title
4
, a person gives value for rights if the person acquires them:
(1)
In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2)
As security for, or in total or partial satisfaction of, a preexisting claim;
(3)
By accepting delivery under a preexisting contract for purchase; or
(4)
In return for any consideration sufficient to support a simple contract.
Amended by 2023 Ch. 136,§ 2, eff. 8/7/2023.
L. 2006: Entire article R&RE, p. 4 65, § 1, effective September 1.
This section is similar to former § 4-1-201 (44) as it existed prior to 2006.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION (§§ 4-1-201 — 4-1-205) › Section 4-1-205 - Reasonable time - seasonableness

(a)
Whether a time for taking an action required by this title is reasonable depends on the nature, purpose, and circumstances of the action.
(b)
An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
L. 2006: Entire article R&RE, p. 466, § 1, effective September 1.
This section is similar to former § 4-1-204 (2) and (3) as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-301 - Territorial applicability - parties' power to choose applicable law

(a)
Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.
(b)
In the absence of an agreement effective under subsection (a) of this section, and except as provided in subsection (c) of this section, the "Uniform Commercial Code" applies to transactions bearing an appropriate relation to this state.
(c)
If one of the following provisions of the "Uniform Commercial Code" specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:
(1)
Section
4-2-402
;
(2)
Sections
4-2.5-105
and
4-2.5-106
;
(3)
Section
4-4-102
;
(4)
Section
4-4.5-507
;
(5)
Section
4-5-116
;
(6)
(Reserved)
(7)
Section
4-8-110
;
(8)
Sections
4-9-301
to
4-9-307
;
(9)
Section
4-12-107
.
Amended by 2023 Ch. 136,§ 3, eff. 8/7/2023.
L. 2006: Entire article R&RE, p. 466, § 1, effective September 1.
This section is similar to former § 4-1-105 as it existed prior to 2006.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-302 - Variation by agreement

(a)
Except as otherwise provided in subsection (b) of this section or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b)
The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires any action to be taken within a reasonable time, any time that is not manifestly unreasonable may be fixed by agreement.
(c)
The presence in certain provisions of this title of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
L. 2006: Entire article R&RE, p. 466, § 1, effective September 1.
This section is similar to former §§ 4-1-102 (3) and (4) and 4-1-204 (1) as they existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-303 - Course of performance, course of dealing, and usage of trade

(a)
A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1)
The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
(2)
The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b)
A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c)
A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d)
A course of performance or course of dealing between the parties, or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware, is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e)
Except as otherwise provided in subsection (f) of this section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
(1)
Express terms prevail over course of performance, course of dealing, and usage of trade;
(2)
Course of performance prevails over course of dealing and usage of trade; and
(3)
Course of dealing prevails over usage of trade.
(f)
Subject to section
4-2-209
, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g)
Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
L. 2006: Entire article R&RE, p. 467, § 1, effective September 1.
This section is similar to former § 4-1-205 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-304 - Obligation of good faith

Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.
L. 2006: Entire article R&RE, p. 468, § 1, effective September 1.
This section is similar to former § 4-1-203 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-305 - Remedies to be liberally administered

(a)
The remedies provided by this title must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law.
(b)
Any right or obligation declared by this title is enforceable by action unless the provision declaring it specifies a different and limited effect.
L. 2006: Entire article R&RE, p. 468, § 1, effective September 1.
This section is similar to former § 4-1-106 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-306 - Waiver or renunciation of claim or right after breach

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record.
Amended by 2023 Ch. 136,§ 4, eff. 8/7/2023.
L. 2006: Entire article R&RE, p. 468, § 1, effective September 1.
This section is similar to former § 4-1-107 as it existed prior to 2006.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-307 - Prima facie evidence by third-party documents

A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
L. 2006: Entire article R&RE, p. 468, § 1, effective September 1.
This section is similar to former § 4-1-202 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-308 - Performance or acceptance under reservation of rights

(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.
L. 2006: Entire article R&RE, p. 468, § 1, effective September 1.
This section is similar to former § 4-1-207 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-309 - Option to accelerate at will

A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure", or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
L. 2006: Entire article R&RE, p. 469, § 1, effective September 1.
This section is similar to former § 4-1-208 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 1 - GENERAL PROVISIONS (§§ 4-1-101 — 4-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 4-1-301 — 4-1-310) › Section 4-1-310 - Subordinated obligations

An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.
L. 2006: Entire article R&RE, p. 469, § 1, effective September 1.
This section is similar to former § 4-1-209 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 2 - SALES (§§ 4-2-101 — 4-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 4-2-101 — 4-2-107) › Section 4-2-101 - Short title

This article shall be known and may be cited as the "Uniform Commercial Code - Sales".
L. 65: p. 1298, § 1. C.R.S. 1963: § 155-2-101.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 2 - SALES (§§ 4-2-101 — 4-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 4-2-101 — 4-2-107) › Section 4-2-102 - Scope - certain security and other transactions excluded from this article

(1)
Unless the context otherwise requires, and except as provided in subsection (3) of this section, this article 2 applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2) of this section.
(2)
In a hybrid transaction:
(a)
If the sale-of-goods aspects do not predominate, only the provisions of this article 2 which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply.
(b)
If the sale-of-goods aspects predominate, this article 2 applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods.
(3)
This article 2 does not:
(a)
Apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or
(b)
Impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.
Amended by 2023 Ch. 136,§ 5, eff. 8/7/2023.
L. 65: p. 1298, § 1. C.R.S. 1963: § 155-2-102. L. 77: Entire section R&RE, p. 313, § 5, effective 1/1/1978.
Colorado legislative change:
Colorado added new paragraph (b). There is no counterpart to paragraph (b) in the uniform act.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For secured transactions, sales of accounts, contract rights, and chattel paper, see article 9 of this title; for the "Revised Uniform Anatomical Gift Act", see part 2 of article 19 of title 15 ; for nontransplant tissue banks, see article 140 of title 12 ; for limitation on liability regarding transplants and transfusion of blood, see §13-22-104 .
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 2 - SALES (§§ 4-2-101 — 4-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 4-2-101 — 4-2-107) › Section 4-2-103 - Definitions and index of definitions

(1)
In this article unless the context otherwise requires:
(a)
"Buyer" means a person who buys or contracts to buy goods.
(b)
"Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
(c)
"Receipt" of goods means taking physical possession of them.
(d)
"Seller" means a person who sells or contracts to sell goods.
(2)
Other definitions applying to this article or to specified portions thereof, and the sections in which they appear are:
"Acceptance". Section
4-2-606
.
"Banker's credit". Section
4-2-325
.
"Between merchants". Section
4-2-104
.
"Cancellation". Section
4-2-106(4)
.
"Commercial unit". Section
4-2-105
.
"Confirmed credit". Section
4-2-325
.
"Conforming to contract". Section
4-2-106
.
"Contract for sale". Section
4-2-106
.
"Cover". Section
4-2-712
.
"Entrusting". Section
4-2-403
.
"Financing agency". Section
4-2-104
.
"Future goods". Section
4-2-105
.
"Goods". Section
4-2-105
.
"Identification". Section
4-2-501
.
"Installment contract". Section
4-2-612
.
"Letter of credit". Section
4-2-325
.
"Lot". Section
4-2-105
.
"Merchant". Section
4-2-104
.
"Overseas". Section
4-2-323
.
"Person in position of seller". Section
4-2-707
.
"Present sale". Section
4-2-106
.
"Sale". Section
4-2-106
.
"Sale on approval". Section
4-2-326
.
"Sale or return". Section
4-2-326
.
"Termination". Section
4-2-106
.
(3)
"Control" as provided in section
4-7-106
and the following definitions in other articles apply to this article:
"Check". Section
4-3-104
.
"Consignee". Section
4-7-102
.
"Consignor". Section
4-7-102
.
"Consumer goods". Section
4-9-102
.
"Dishonor". Section
4-3-502
.
"Draft". Section
4-3-104
.
(4)
In addition, article
1
of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
L. 65: p. 1298, § 1. C.R.S. 1963: § 155-2-103. L. 99: (3) amended, p. 616, § 2, effective August 4. L. 2001: (3) amended, p. 1436, § 18, effective July 1. L. 2006: (3) amended, p. 490, § 3, effective September 1. L. 2007: (3) amended, p. 374, § 27, effective August 3.
For the delegation of performance and assignment of rights, see § 4-2-210.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 2 - SALES (§§ 4-2-101 — 4-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 4-2-101 — 4-2-107) › Section 4-2-104 - Definitions: "merchant" - "between merchants" - "financing agency"

(1)
"Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction, or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(2)
"Financing agency" means a bank, finance company, or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (section
4-2-707
).
(3)
"Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
L. 65: p. 1299, § 1. C.R.S. 1963: § 155-2-104. L. 2006: (2) amended, p. 490, § 4, effective September 1.
For the person in the position of a seller, see § 4-2-707.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 2 - SALES (§§ 4-2-101 — 4-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 4-2-101 — 4-2-107) › Section 4-2-105 - Definitions: transferability - "goods" - "future" goods - "lot" - "commercial unit"

(1)
"Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (article
8
of this title), and things in action. "Goods" also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (section
4-2-107
).
(2)
Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are "future" goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.
(3)
There may be a sale of a part interest in existing identified goods.
(4)
An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight, or other measure may to the extent of the seller's interest in the bulk be sold to the buyer who then becomes an owner in common.
(5)
"Lot" means a parcel or a single article which is the subject matter of a separate sale of delivery, whether or not it is sufficient to perform the contract.
(6)
"Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine), or a set of articles (as a suite of furniture or an assortment of sizes), or a quantity (as a bale, gross, or carload), or any other unit treated in use or in the relevant market as a single whole.
L. 65: p. 1300, § 1. C.R.S. 1963: § 155-2-105.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 2 - SALES (§§ 4-2-101 — 4-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 4-2-101 — 4-2-107) › Section 4-2-106 - Definitions: "contract" - "agreement" - "contract for sale" - "sale" - "present sale" - "conforming" - "termination" - "cancellation" - "hybrid transaction"

(1)
In this article unless the context otherwise requires, "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (section
4-2-401
). A "present sale" means a sale which is accomplished by the making of the contract.
(2)
Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.
(3)
"Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On "termination", all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
(4)
"Cancellation" occurs when either party puts an end to the contract for breach by the other, and its effect is the same as that of "termination", except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.
(5)
"Hybrid transaction" means a single transaction involving a sale of goods and:
(a)
The provision of services;
(b)
A lease of other goods; or
(c)
A sale, lease, or license of property other than goods.
Amended by 2023 Ch. 136,§ 6, eff. 8/7/2023.
L. 65: p. 1301, § 1. C.R.S. 1963: § 155-2-106.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 2 - SALES (§§ 4-2-101 — 4-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 4-2-101 — 4-2-107) › Section 4-2-107 - Goods to be severed from realty - recording

(1)
A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller; but until severance, a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.
(2)
A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto, but not described in subsection (1) of this section, or of timber to be cut is a contract for the sale of goods within this article, whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.
(3)
The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale.
L. 65: p. 1301, § 1. C.R.S. 1963: § 155-2-107. L. 77: (1) and (2) amended, p. 313, § 6, effective 1/1/1978.