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Ch. 11
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2000 LAWS OF MARYLAND
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(1) IF THE AGREEMENT DOES NOT REQUIRE THE LICENSOR TO DELIVER
THE COPY AT A PARTICULAR DESTINATION, THE RISK OF LOSS PASSES TO THE
LICENSEE WHEN THE COPY IS DULY DELIVERED TO THE CARRIER, EVEN IF THE
SHIPMENT IS UNDER RESERVATION.
(2) IF THE AGREEMENT REQUIRES THE LICENSOR TO DELIVER THE
COPY AT A PARTICULAR DESTINATION AND THE COPY IS DULY TENDERED THERE IN
THE POSSESSION OF THE CARRIER, THE RISK OF LOSS PASSES TO THE LICENSEE
WHEN THE COPY IS TENDERED AT THAT DESTINATION.
(3) IF A TENDER OF DELIVERY OF A COPY OR A SHIPPING DOCUMENT
FAILS TO CONFORM TO THE CONTRACT, THE RISK OF LOSS REMAINS WITH THE
LICENSOR UNTIL CURE OR ACCEPTANCE.
(C) IF A COPY IS HELD BY A THIRD PARTY TO BE DELIVERED OR REPRODUCED
WITHOUT BEING MOVED OR A COPY IS TO BE DELIVERED BY MAKING ACCESS
AVAILABLE TO A THIRD PARTY RESOURCE CONTAINING A COPY, THE RISK OF LOSS
PASSES TO THE LICENSEE UPON:
(1) THE LICENSEE'S RECEIPT OF A NEGOTIABLE DOCUMENT OF TITLE
OR OTHER ACCESS MATERIALS COVERING THE COPY;
(2) ACKNOWLEDGMENT BY THE THIRD PARTY TO THE LICENSEE OF THE
LICENSEE'S RIGHT TO POSSESSION OF OR ACCESS TO THE COPY; OR
(3) THE LICENSEE'S RECEIPT OF A RECORD DIRECTING THE THIRD
PARTY, PURSUANT TO AN AGREEMENT BETWEEN THE LICENSOR AND THE THIRD
PARTY, TO MAKE DELIVERY OR AUTHORIZING THE THIRD PARTY TO ALLOW ACCESS.
21-615. EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS.
(A) UNLESS A PARTY HAS ASSUMED A DIFFERENT OBLIGATION, DELAY IN
PERFORMANCE BY A PARTY, OR NONPERFORMANCE IN WHOLE OR PART BY A PARTY,
OTHER THAN OF AN OBLIGATION TO MAKE PAYMENTS OR TO CONFORM TO
CONTRACTUAL USE TERMS, IS NOT A BREACH OF CONTRACT IF THE DELAY OR
NONPERFORMANCE IS OF A PERFORMANCE THAT HAS BEEN MADE IMPRACTICABLE
BY:
(1) THE OCCURRENCE OF A CONTINGENCY THE NONOCCURRENCE OF
WHICH WAS A BASIC ASSUMPTION ON WHICH THE CONTRACT WAS MADE; OR
(2) COMPLIANCE IN GOOD FAITH WITH ANY FOREIGN OR DOMESTIC
STATUTE, GOVERNMENTAL RULE, REGULATION, OR ORDER, WHETHER OR NOT IT
LATER PROVES TO BE INVALID.
(B) A PARTY CLAIMING EXCUSE UNDER SUBSECTION (A) OF THIS SECTION
SHALL SEASONABLY NOTIFY THE OTHER PARTY THAT THERE WILL BE DELAY OR
NONPERFORMANCE.
(C) IF AN EXCUSE AFFECTS ONLY A PART OF A PARTY'S CAPACITY TO
PERFORM AN OBLIGATION FOR DELIVERY OF COPIES, THE PARTY CLAIMING EXCUSE
SHALL ALLOCATE PERFORMANCE AMONG ITS CUSTOMERS IN ANY MANNER THAT IS
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- 122 -
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