Ch. 535                                        1994 LAWS OF MARYLAND

(5) THE LEASE TERM UNDER A LEASE CONTRACT REFERRED TO IN
SUBSECTION (4):

(A)     IF THERE IS A WRITING SIGNED BY THE PARTY AGAINST WHOM
ENFORCEMENT IS SOUGHT OR BY THAT PARTY'S AUTHORIZED AGENT SPECIFYING
THE LEASE TERM, IS THE TERM SO SPECIFIED;

(B)     IF THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT ADMITS
IN THAT PARTY'S PLEADING, TESTIMONY, OR OTHERWISE IN COURT A LEASE TERM,
IS THE TERM SO ADMITTED;

(C)     IS A REASONABLE LEASE TERM.

2A-202. FINAL WRITTEN EXPRESSION: PAROL OR EXTRINSIC EVIDENCE

TERMS WITH RESPECT TO WHICH THE CONFIRMATORY MEMORANDA OF THE
PARTIES AGREE OR WHICH ARE OTHERWISE SET FORTH IN A WRITING INTENDED
BY THE PARTIES AS A FINAL EXPRESSION OF THEIR AGREEMENT WITH RESPECT TO
SUCH TERMS AS ARE INCLUDED THEREIN MAY NOT BE CONTRADICTED BY
EVIDENCE OF ANY PRIOR AGREEMENT OR OF A CONTEMPORANEOUS ORAL
AGREEMENT BUT MAY BE EXPLAINED OR SUPPLEMENTED:           

(A)     BY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF
PERFORMANCE; AND

(B)      BY EVIDENCE OF CONSISTENT ADDITIONAL TERMS UNLESS THE
COURT FINDS THE WRITING TO HAVE BEEN INTENDED ALSO AS A COMPLETE AND
EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT.

2A-203. SEALS INOPERATIVE                                                         

THE AFFIXING OF A SEAL TO A WRITING EVIDENCING A LEASE CONTRACT OR
AN OFFER TO ENTER INTO A LEASE CONTRACT DOES NOT RENDER THE WRITING A
SEALED INSTRUMENT AND THE LAW WITH RESPECT "TO SEALED INSTRUMENTS
DOES NOT APPLY TO THE LEASE CONTRACT OR OFFER."

2A-204. FORMATION IN GENERAL

(1)      A LEASE CONTRACT MAY BE MADE IN ANY MANNER SUFFICIENT TO
SHOW AGREEMENT, INCLUDING CONDUCT BY BOTH PARTIES WHICH RECOGNIZES
THE EXISTENCE OF A LEASE CONTRACT.

(2)      AN AGREEMENT SUFFICIENT TO CONSTITUTE A LEASE CONTRACT MAY
BE FOUND ALTHOUGH THE MOMENT OF ITS MAKING IS UNDETERMINED.

(3)      ALTHOUGH ONE OR MORE TERMS ARE LEFT OPEN, A LEASE CONTRACT
' DOES NOT FAIL FOR INDEFINITENESS IF THE PARTIES HAVE INTENDED TO MAKE A

LEASE CONTRACT AND THERE IS A REASONABLY CERTAIN BASIS FOR GIVING AN
APPROPRIATE REMEDY.

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