Ch. 535

1994 LAWS OF MARYLAND

(3)      ALTHOUGH AN ATTEMPT AT MODIFICATION OR RESCISSION DOES NOT
SATISFY THE REQUIREMENTS OF SUBSECTION (2), IT MAY OPERATE AS A WAIVER.

(4)      A PARTY WHO HAS MADE A WAIVER AFFECTING AN EXECUTORY
PORTION OF A LEASE CONTRACT MAY RETRACT THE WAIVER BY REASONABLE
NOTIFICATION RECEIVED BY THE OTHER PARTY THAT STRICT PERFORMANCE WILL
BE REQUIRED OF ANY TERM WAIVED, UNLESS THE RETRACTION WOULD BE UNJUST
IN VIEW OF A MATERIAL CHANGE OF POSITION AND RELIANCE ON THE WAIVER.

2A-209. LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT

(1)      THE BENEFIT OF A SUPPLIER'S PROMISES TO THE LESSOR UNDER THE
SUPPLY CONTRACT AND OF ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THOSE OF ANY THIRD PARTY PROVIDED IN CONNECTION WITH OR AS
PART OF THE SUPPLY CONTRACT, EXTENDS TO THE LESSEE TO THE EXTENT OF THE
LESSEE'S LEASEHOLD INTEREST UNDER A FINANCE LEASE RELATED TO THE
SUPPLY CONTRACT, BUT IS SUBJECT TO THE TERMS OF THE WARRANTY AND OF THE
SUPPLY CONTRACT AND ALL DEFENSES OR CLAIMS ARISING THEREFROM.

(2)      THE. EXTENSION OF THE BENEFIT OF A SUPPLIER'S PROMISES AND OF
WARRANTIES TO THE LESSEE (§ 2A-209(1)) DOES NOT: (I) MODIFY THE RIGHTS AND
OBLIGATIONS OF THE PARTIES TO THE SUPPLY CONTRACT, WHETHER ARISING
THEREFROM OR OTHERWISE, OR (II) IMPOSE ANY DUTY OR LIABILITY UNDER THE
SUPPLY CONTRACT ON THE LESSEE.

(3)      ANY MODIFICATION OR RESCISSION OF THE SUPPLY CONTRACT BY THE
SUPPLIER AND THE LESSOR IS EFFECTIVE BETWEEN THE SUPPLIER AND THE LESSEE
UNLESS, BEFORE THE MODIFICATION OR RESCISSION, THE SUPPLIER HAS RECEIVED
NOTICE THAT THE LESSEE HAS ENTERED INTO A FINANCE LEASE RELATED TO THE
SUPPLY CONTRACT. IF THE MODIFICATION OR RESCISSION IS EFFECTIVE BETWEEN
THE SUPPLIER AND THE LESSEE, THE LESSOR IS DEEMED TO HAVE ASSUMED, IN
ADDITION TO THE OBLIGATIONS OF THE LESSOR TO THE LESSEE UNDER THE LEASE
CONTRACT, PROMISES OF THE SUPPLIER TO THE LESSOR AND WARRANTIES THAT
WERE SO MODIFIED OR RESCINDED AS THEY EXISTED AND WERE AVAILABLE TO
THE LESSEE BEFORE MODIFICATION OR RESCISSION.

(4) IN ADDITION TO THE EXTENSION OF THE BENEFIT OF THE SUPPLIER'S
PROMISES AND OF WARRANTIES TO THE LESSEE UNDER SUBSECTION (1), THE
LESSEE RETAINS ALL RIGHTS THAT THE LESSEE MAY HAVE AGAINST THE SUPPLIER
WHICH ARISE FROM AN AGREEMENT BETWEEN THE LESSEE AND THE SUPPLIER OR
UNDER OTHER LAW.

2A-210. EXPRESS WARRANTIES

(1) EXPRESS WARRANTIES BY THE LESSOR ARE CREATED AS FOLLOWS:

(A) ANY AFFIRMATION OF FACT OR PROMISE MADE BY THE LESSOR TO
THE LESSEE WHICH RELATES TO THE GOODS AND BECOMES PART OF THE BASIS OF
THE BARGAIN CREATES AN EXPRESS WARRANTY THAT THE GOODS WILL CONFORM
TO THE AFFIRMATION OR PROMISE.

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