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Ch. 11
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2000 LAWS OF MARYLAND
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21-702. WAIVER OF REMEDY FOR BREACH OF CONTRACT.
(A) A CLAIM OR RIGHT ARISING OUT OF A BREACH OF CONTRACT MAY BE
DISCHARGED IN WHOLE OR PART WITHOUT CONSIDERATION BY A WAIVER IN A
RECORD TO WHICH THE PARTY MAKING THE WAIVER AGREES AFTER BREACH, SUCH
AS BY MANIFESTING ASSENT, OR WHICH THE PARTY MAKING THE WAIVER
AUTHENTICATES AND DELIVERS TO THE OTHER PARTY.
(B) A PARTY THAT ACCEPTS A PERFORMANCE WITH KNOWLEDGE THAT THE
PERFORMANCE CONSTITUTES A BREACH OF CONTRACT AND, WITHIN A REASONABLE
TIME AFTER ACCEPTANCE, DOES NOT NOTIFY THE OTHER PARTY OF THE BREACH
WAIVES ALL REMEDIES FOR THE BREACH, UNLESS ACCEPTANCE WAS MADE ON THE
REASONABLE ASSUMPTION THAT THE BREACH WOULD BE CURED AND IT HAS NOT
BEEN SEASONABLY CURED. HOWEVER, A PARTY THAT SEASONABLY NOTIFIES THE
OTHER PARTY OF A RESERVATION OF RIGHTS DOES NOT WAIVE THE RIGHTS
RESERVED.
(C) A PARTY THAT REFUSES A PERFORMANCE AND FAILS TO IDENTIFY A
PARTICULAR DEFECT THAT IS ASCERTAINABLE BY REASONABLE INSPECTION
WAIVES THE RIGHT TO RELY ON THAT DEFECT TO JUSTIFY REFUSAL ONLY IF:
(1) THE OTHER PARTY COULD HAVE CURED THE DEFECT IF IT WERE
IDENTIFIED SEASONABLY; OR
(2) BETWEEN MERCHANTS, THE OTHER PARTY AFTER REFUSAL MADE A
REQUEST IN A RECORD FOR A FULL AND FINAL STATEMENT OF ALL DEFECTS ON
WHICH THE REFUSING PARTY RELIED.
(D) WAIVER OF A REMEDY FOR BREACH OF CONTRACT IN ONE PERFORMANCE
DOES NOT WAIVE ANY REMEDY FOR THE SAME OR A SIMILAR BREACH IN FUTURE
PERFORMANCES UNLESS THE PARTY MAKING THE WAIVER EXPRESSLY SO STATES.
(E) A WAIVER MAY NOT BE RETRACTED AS TO THE PERFORMANCE TO WHICH
THE WAIVER APPLIES.
(F) EXCEPT FOR A WAIVER IN ACCORDANCE WITH SUBSECTION (A) OF THIS
SECTION OR A WAIVER SUPPORTED BY CONSIDERATION, A WAIVER AFFECTING AN
EXECUTORY PORTION OF A CONTRACT MAY BE RETRACTED BY SEASONABLE NOTICE
RECEIVED BY THE OTHER PARTY THAT STRICT PERFORMANCE WILL BE REQUIRED IN
THE FUTURE, UNLESS THE RETRACTION WOULD BE UNJUST IN VIEW OF A MATERIAL
CHANGE OF POSITION IN RELIANCE ON THE WAIVER BY THAT PARTY.
21-703. CURE OF BREACH OF CONTRACT.
(A) A PARTY IN BREACH OF CONTRACT MAY CURE THE BREACH AT ITS OWN
EXPENSE IF:
(1) THE TIME FOR PERFORMANCE HAS NOT EXPIRED AND THE PARTY IN
BREACH SEASONABLY NOTIFIES THE AGGRIEVED PARTY OF ITS INTENT TO CURE
AND, WITHIN THE TIME FOR PERFORMANCE, MAKES A CONFORMING PERFORMANCE;
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