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140
LAWS OF MARYLAND
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impairs the value of the whole contract under the
provisions of this [subtitle] TITLE relating to breach of
installment contracts (§ 2—612), then also as to the
whole,
(a) Terminate and thereby discharge any
unexecuted portion of the contract; or
(b) Modify the contract by agreeing to take
his available quota in substitution.
(2) If after receipt of such notification from the
seller the buyer fails so to modify the contract within a
reasonable time not exceeding thirty days the contract
lapses with respect to any deliveries affected.
(3) The provisions of this section may not be
negated by agreement except insofar as the seller has
assumed a greater obligation under the preceding section,
SUBTITLE 7. REMEDIES.
2—701. Remedies for breach of collateral contracts not
impaired.
Remedies for breach of any obligation or promise
collateral or ancillary to a contract for sale are not
impaired by the provisions of this [subtitle] TITLE.
2—702. Seller's remedies on discovery of buyer's
insolvency.
(1) Where the seller discovers the buyer to be
insolvent he may refuse delivery except for cash
including payment for all goods theretofore delivered
under the contract, and stop delivery under this
[subtitle] TITLE (§ 2-705).
(2) Where the seller discovers that the buyer has
received goods on credit while insolvent he may reclaim
the goods upon demand made within ten days after the
receipt, but if misrepresentation of solvency has been
made to the particular seller in writing within three
months before delivery the ten day limitation does not
apply. Except as provided in this subsection the seller
may not base a right to reclaim goods on the buyer's
fraudulent or innocent misrepresentation of solvency or
of intent to pay.
(3) The seller's right to reclaim under subsection
(2) is subject to the rights of a buyer in ordinary
course or other good faith purchaser or lien creditor
under this [subtitle] TITLE (§ 2—403). Successful
reclamation of goods excludes all other remedies with
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