CHAPTER 105

FORMERLY

HOUSE BILL NO. 202

AN ACT TO AMEND CHAPTER 27, TITLE 6 OF THE DELAWARE CODE RELATING TO EXCULPATORY CLAUSES IN CERTAIN CONTRACTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §2704(a), Chapter 27, Title 6 of the Delaware Code by inserting "in the State" immediately following each of the following three (3) phrases in the first sentence thereof: "repair or maintenance", "any type constructed thereon" and "appurtenance or appliance".

Section 2. Amend §2704, Chapter 27, Title 6 of the Delaware Code by adding a new subsection (c) thereto as follows:

"(c) Subsection (a) of this section does not apply to any covenant, promise, agreement, understanding, or other provision in a partnership agreement of a partnership (whether general or limited), limited liability company agreement, trust agreement, governing instrument of a trust, certificate of incorporation or bylaw."

Section 3. This Act shall become effective August 1, 2003.

Approved June 30, 2003