136

LAWS OF MARYLAND

[Ch. 49

(a)    He may give his seller written notice of
the litigation. If the notice states that the seller
may cone in and defend and that if the seller does not do
so he will be bound in any action against him by his
buyer by any determination of fact common to the two
litigations, then unless the seller after seasonable
receipt of the notice does cone in and defend he is so
bound.

(b)    If the claim is one for infringement or
the like (subsection (3) of § 2-312) the original seller
may demand in writing that his buyer turn over to him
control of the litigation including settlement or else be
barred from any remedy over and if he also agrees to bear
all expense and to satisfy any adverse judgment, then
unless the buyer after seasonable receipt of the demand
does turn over control the buyer is so barred.

(6) The provisions of subsections (3), (4) and (5)
apply to any obligation of a buyer to hold the seller
harmless against infringement or the like (subsection (3)
of § 2-312.)

2—608. Revocation of acceptance in whole or in part.

(1)   The buyer may revoke his acceptance of a lot or
commercial unit whose non—conformity substantially
impairs its value to him if he has accepted it

(a)    On the reasonable assumption that its
non—conformity would be cured and it has not been
seasonably cured; or

(b)    Without discovery of such non—conformity
if his acceptance was reasonably induced either by the
difficulty of discovery before acceptance or by the
seller's assurances.

(2)   Revocation of acceptance must occur within a
reasonable time after the buyer discovers or should have
discovered the ground for it and before any substantial
change in condition of the goods which is not caused by
their own defects. It is not effective until the buyer
notifies the seller of it.

(3)    A buyer who so revokes has the same rights and
duties with regard to the goods involved as if he had
rejected them.

2—609. Right to adequate assurance of performance.

(1) A contract for sale imposes an obligation on
each party that the other's expectation of receiving due
performance will not be impaired. When reasonable