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Ch. 11
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2000 LAWS OF MARYLAND
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(8) AN INDEMNITY TERM OR A RIGHT RELATED TO A CLAIM OF A TYPE
DESCRIBED IN § 21-805(D)(1) OF THIS TITLE;
(9) A LIMITATION OF REMEDY OR MODIFICATION OR DISCLAIMER OF
WARRANTY;
(10) AN OBLIGATION TO PROVIDE AN ACCOUNTING AND MAKE ANY
PAYMENT DUE UNDER THE ACCOUNTING; AND
(11) ANY TERM THAT THE AGREEMENT PROVIDES WILL SURVIVE.
21-617. NOTICE OF TERMINATION.
(A) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) OF THIS SECTION, A
PARTY MAY NOT TERMINATE A CONTRACT EXCEPT ON THE HAPPENING OF AN
AGREED EVENT, SUCH AS THE EXPIRATION OF THE STATED DURATION, UNLESS THE
PARTY GIVES REASONABLE NOTICE OF TERMINATION TO THE OTHER PARTY.
(B) AN ACCESS CONTRACT MAY BE TERMINATED WITHOUT GIVING NOTICE.
HOWEVER, EXCEPT ON THE HAPPENING OF AN AGREED EVENT, TERMINATION
REQUIRES GIVING REASONABLE NOTICE TO THE LICENSEE IF THE ACCESS
CONTRACT PERTAINS TO INFORMATION OWNED AND PROVIDED BY THE LICENSEE
TO THE LICENSOR
(C) A TERM DISPENSING WITH A NOTICE REQUIRED UNDER THIS SECTION IS
INVALID IF ITS OPERATION WOULD BE UNCONSCIONABLE. HOWEVER, A TERM
SPECIFYING STANDARDS FOR GIVING NOTICE IS ENFORCEABLE IF THE STANDARDS
ARE NOT MANIFESTLY UNREASONABLE.
21-618. TERMINATION: ENFORCEMENT.
(A) ON TERMINATION OF A LICENSE, A PARTY IN POSSESSION OR CONTROL OF
INFORMATION, COPIES, OR OTHER MATERIALS THAT ARE THE PROPERTY OF THE
OTHER PARTY, OR ARE SUBJECT TO A CONTRACTUAL OBLIGATION TO BE DELIVERED
TO THAT PARTY ON TERMINATION, SHALL USE COMMERCIALLY REASONABLE
EFFORTS TO DELIVER OR HOLD THEM FOR DISPOSAL ON INSTRUCTIONS OF THAT
PARTY. IF ANY MATERIALS ARE JOINTLY OWNED, THE PARTY IN POSSESSION OR
CONTROL SHALL MAKE THEM AVAILABLE TO THE JOINT OWNERS.
(B) TERMINATION OF A LICENSE ENDS ALL RIGHT UNDER THE LICENSE FOR
THE LICENSEE TO USE OR ACCESS THE LICENSED INFORMATION, INFORMATIONAL
RIGHTS, OR COPIES. CONTINUED USE OF THE LICENSED COPIES OR EXERCISE OF
TERMINATED RIGHTS IS A BREACH OF CONTRACT UNLESS AUTHORIZED BY A TERM
THAT SURVIVES TERMINATION.
(C) EACH PARTY MAY ENFORCE ITS RIGHTS UNDER SUBSECTIONS (A) AND (B)
OF THIS SECTION BY ACTING PURSUANT TO § 21-605 OF THIS SUBTITLE OR BY
JUDICIAL PROCESS, INCLUDING OBTAINING AN ORDER THAT THE PARTY OR AN
OFFICER OF THE COURT TAKE THE FOLLOWING ACTIONS WITH RESPECT TO ANY
LICENSED INFORMATION, DOCUMENTATION, COPIES, OR OTHER MATERIALS TO BE
DELIVERED:
(1) DELIVER OR TAKE POSSESSION OF THEM;
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