Ch. 535

1994 LAWS OF MARYLAND

2A-107. WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT

ANY CLAIM OR RIGHT ARISING OUT OF AN ALLEGED DEFAULT OR BREACH OF
WARRANTY MAY BE DISCHARGED IN WHOLE OR IN PART WITHOUT
CONSIDERATION BY A WRITTEN WAIVER OR RENUNCIATION SIGNED AND
DELIVERED BY THE AGGRIEVED PARTY:

2A-108. UNCONSCIONABILITY

(1)      IF THE COURT AS A MATTER OF LAW FINDS A LEASE CONTRACT OR ANY
CLAUSE OF A LEASE CONTRACT TO HAVE BEEN UNCONSCIONABLE .AT THE TIME IT
WAS MADE, THE COURT MAY REFUSE TO ENFORCE THE LEASE CONTRACT, OR IT
MAY ENFORCE THE REMAINDER OF THE LEASE CONTRACT WITHOUT THE
UNCONSCIONABLE CLAUSE, OR IT MAY SO LIMIT THE APPLICATION OF ANY
UNCONSCIONABLE CLAUSE AS TO AVOID ANY UNCONSCIONABLE RESULT.

(2)      WITH RESPECT TO A CONSUMER LEASE, IF THE COURT AS A MATTER OF
LAW FINDS THAT A LEASE CONTRACT OR ANY CLAUSE OF A LEASE CONTRACT HAS
BEEN INDUCED BY UNCONSCIONABLE CONDUCT OR THAT UNCONSCIONABLE
CONDUCT HAS OCCURRED IN THE COLLECTION OF A CLAIM ARISING FROM A LEASE
CONTRACT, THE COURT MAY GRANT APPROPRIATE RELIEF.

(3)      BEFORE MAKING A FINDING OF UNCONSCIONABILITY UNDER
SUBSECTION (1) OR (2), THE COURT, ON ITS OWN MOTION OR THAT OF A PARTY,
SHALL AFFORD THE PARTIES A REASONABLE OPPORTUNITY TO PRESENT EVIDENCE
AS TO THE SETTING, PURPOSE, AND EFFECT OF THE LEASE CONTRACT OR CLAUSE
THEREOF, OR OF THE CONDUCT.

(4)      IN AN ACTION IN WHICH THE LESSEE CLAIMS UNCONSCIONABILITY WITH
RESPECT TO A CONSUMER LEASE:

(A)     IF THE COURT FINDS UNCONSCIONABILITY UNDER SUBSECTION (1)
OR (2), THE COURT SHALL AWARD. REASONABLE ATTORNEY'S FEES TO THE LESSEE.

(B)      IF THE COURT DOES NOT FIND UNCONSCIONABILITY AND THE
LESSEE CLAIMING UNCONSCIONABILITY HAS BROUGHT OR MAINTAINED AN
ACTION HE (OR SHE) KNEW TO BE GROUNDLESS, THE COURT SHALL AWARD
REASONABLE ATTORNEY'S FEES TO THE PARTY AGAINST WHOM THE CLAIM IS
MADE.

(C) IN DETERMINING ATTORNEY'S FEES, THE AMOUNT OF THE
RECOVERY ON BEHALF OF THE CLAIMANT UNDER SUBSECTION (1) AND (2) IS NOT
CONTROLLING.

2A-109. OPTION TO ACCELERATE AT WILL

(1) A TERM PROVIDING THAT ONE PARTY OR HIS (OR HER) SUCCESSOR IN
INTEREST MAY ACCELERATE PAYMENT OR PERFORMANCE OR REQUIRE
COLLATERAL OR ADDITIONAL COLLATERAL "AT WILL" OR "WHEN HE (OR SHE)

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