Article 63 - Agency undisclosed

(1) Where an Agent acts within the scope of his authority and the third party neither knew nor ought to have known that the Agent was acting as an Agent, the acts of the Agent shall affect the relations between the Agent and the third party, but the relations between the Principal and the third party shall only be affected under the conditions set out in paragraphs (2) and (3) of this Article.
(2) If the Agent becomes insolvent, or if he commits a fundamental non-performance towards the Principal, or if prior to the time for performance it is clear that there will be fundamental non-performance:
(A) on the Principal's demand, the Agent shall communicate the name and address of the third party to the Principal; and
(B) the Principal may exercise against the third party the rights acquired on the Principal's behalf by the Agent, subject to any defences which the third party may have against the Agent.
(3) If the Agent becomes insolvent, or if he commits a fundamental non-performance towards the third party, or if prior to the time for performance it is clear that there will be fundamental non-performance:
(A) on the third party's demand, the Agent shall communicate the name and address of the Principal to the third party; and
(B) the third party may exercise against the Principal the rights the third party has against the Agent, subject to any defences which the Agent may have against the third party.
(4) The rights under Article 63(2) and (3) may be exercised only if notice of intention to exercise them is given to the Agent and to the third party or Principal, respectively. Upon receipt of the notice, the third party or Principal is no longer entitled to render performance to the Agent.