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A. Subject to 27A ONC § 2-202, if:

1. Conduct by both parties recognizes the existence of a contract although their records do not otherwise establish a contract;

2. A contract is formed by an offer and acceptance; or

3. A contract formed in any manner is confirmed by a record that contains terms additional to or different from those in the contract being confirmed, the terms of the contract are:

a. Terms that appear in the records of both parties;

b. Terms, whether in a record or not, to which both parties agree; and

c. Terms supplied or incorporated under any provision of this Act. ONCA 13-23, eff. Sept. 24, 2013.