                                 CODE OF VIRGINIA

AGREEMENT FOR PERFORMANCE TO PARTY&#8217;S SATISFACTION (§ 59.1-503.9)

a. Except as otherwise provided in subsection (b), an agreement that provides
that the performance of one party is to be to the satisfaction or approval of
the other party requires performance sufficient to satisfy a reasonable person
in the position of the party that must be satisfied.

b. Performance must be to the subjective satisfaction of the other party if:

   1. the agreement expressly so provides, such as by stating that approval is in
   the &#8220;sole discretion&#8221; of the party, or words of similar import; or

   2. the agreement is for informational content to be evaluated in reference to
   subjective characteristics such as aesthetics, appeal, suitability to taste,
   or subjective quality.

HISTORY: 2000, cc. 101, 996.