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Ch. 11
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2000 LAWS OF MARYLAND
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THE OTHER PARTY ANY NOTICE REASONABLY NECESSARY TO ENABLE IT TO OBTAIN
ACCESS TO, CONTROL, OR POSSESSION OF THE COPY. TENDER MUST BE AT A
REASONABLE HOUR AND, IF APPLICABLE, REQUIRES TENDER OF ACCESS MATERIAL
AND OTHER DOCUMENTS REQUIRED BY THE AGREEMENT. THE PARTY RECEIVING
TENDER SHALL FURNISH FACILITIES REASONABLY SUITED TO RECEIVE TENDER IN
ADDITION, THE FOLLOWING RULES APPLY:
(1) IF THE CONTRACT REQUIRES DELIVERY OF A COPY HELD BY A THIRD
PERSON WITHOUT BEING MOVED, THE TENDERING PARTY SHALL TENDER ACCESS
MATERIAL OR DOCUMENTS REQUIRED BY THE AGREEMENT.
(2) IF THE TENDERING PARTY IS REQUIRED OR AUTHORIZED TO SEND A
COPY TO THE OTHER PARTY AND THE CONTRACT DOES NOT REQUIRE THE
TENDERING PARTY TO DELIVER THE COPY AT A PARTICULAR DESTINATION, THE
FOLLOWING RULES APPLY:
(A) IN TENDERING DELIVERY OF A COPY ON A TANGIBLE MEDIUM,
THE TENDERING PARTY SHALL PUT THE COPY IN THE POSSESSION OF A CARRIER
AND MAKE A CONTRACT FOR ITS TRANSPORTATION THAT IS REASONABLE IN LIGHT
OF THE NATURE OF THE INFORMATION AND OTHER CIRCUMSTANCES, WITH
EXPENSES OF TRANSPORTATION TO BE BORNE BY THE RECEIVING PARTY.
(B) IN TENDERING ELECTRONIC DELIVERY OF A COPY, THE
TENDERING PARTY SHALL INITIATE OR CAUSE TO HAVE INITIATED A TRANSMISSION
THAT IS REASONABLE IN LIGHT OF THE NATURE OF THE INFORMATION AND OTHER
CIRCUMSTANCES, WITH EXPENSES OF TRANSMISSION TO BE BORNE BY THE
RECEIVING PARTY.
(3) IF THE TENDERING PARTY IS REQUIRED TO DELIVER A COPY AT A
PARTICULAR DESTINATION, THE TENDERING PARTY SHALL MAKE A COPY
AVAILABLE AT THAT DESTINATION AND BEAR THE EXPENSES OF TRANSPORTATION
OR TRANSMISSION.
21-607. COPY: PERFORMANCE RELATED TO DELIVERY; PAYMENT.
(A) IF PERFORMANCE REQUIRES DELIVERY OF A COPY, THE FOLLOWING
RULES APPLY:
(1) THE PARTY REQUIRED TO DELIVER NEED NOT COMPLETE A
TENDERED DELIVERY UNTIL THE RECEIVING PARTY TENDERS ANY PERFORMANCE
THEN DUE.
(2) TENDER OF DELIVERY IS A CONDITION OF THE OTHER PARTY'S DUTY
TO ACCEPT THE COPY AND ENTITLES THE TENDERING PARTY TO ACCEPTANCE OF
THE COPY.
(B) IF PAYMENT IS DUE ON DELIVERY OF A COPY, THE FOLLOWING RULES
APPLY:
(1) TENDER OF DELIVERY IS A CONDITION OF THE RECEIVING PARTY'S
DUTY TO PAY AND ENTITLES THE TENDERING PARTY TO PAYMENT ACCORDING TO
THE CONTRACT.
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- 116 -
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![clear space](../../../images/clear.gif) |