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PARRIS N. GLENDENING, Governor
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Ch. 11
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(2) THE PARTY IN BREACH HAD REASONABLE GROUNDS TO BELIEVE
THE PERFORMANCE WOULD BE ACCEPTABLE WITH OR WITHOUT MONETARY
ALLOWANCE, SEASONABLY NOTIFIES THE AGGRIEVED PARTY OF ITS INTENT TO
CURE, AND PROVIDES A CONFORMING PERFORMANCE WITHIN A FURTHER
REASONABLE TIME AFTER PERFORMANCE WAS DUE; OR
(3) IN A CASE NOT GOVERNED BY PARAGRAPH (1) OR (2) OF THIS
SUBSECTION, THE PARTY IN BREACH SEASONABLY NOTIFIES THE AGGRIEVED PARTY
OF ITS INTENT TO CURE AND PROMPTLY PROVIDES A CONFORMING PERFORMANCE
BEFORE CANCELLATION BY THE AGGRIEVED PARTY.
(B) IN A LICENSE OTHER THAN IN A MASS-MARKET TRANSACTION, IF THE
AGREEMENT REQUIRED A SINGLE DELIVERY OF A COPY AND THE PARTY RECEIVING
TENDER OF DELIVERY WAS REQUIRED TO ACCEPT A NONCONFORMING COPY
BECAUSE THE NONCONFORMITY WAS NOT A MATERIAL BREACH OF CONTRACT, THE
PARTY IN BREACH SHALL PROMPTLY AND IN GOOD FAITH MAKE AN EFFORT TO CURE
IF:
(1) THE PARTY IN BREACH RECEIVES SEASONABLE NOTICE OF THE
SPECIFIC NONCONFORMITY AND A DEMAND FOR CURE OF IT; AND
(2) THE COST OF THE EFFORT TO CURE DOES NOT
DISPROPORTIONATELY EXCEED THE DIRECT DAMAGES CAUSED BY THE
NONCONFORMITY TO THE AGGRIEVED PARTY.
(C) A PARTY MAY NOT CANCEL A CONTRACT OR REFUSE A PERFORMANCE
BECAUSE OF A BREACH OF CONTRACT THAT HAS BEEN SEASONABLY CURED UNDER
SUBSECTION (A) OF THIS SECTION. HOWEVER, NOTICE OF INTENT TO CURE DOES
NOT PRECLUDE REFUSAL OR CANCELLATION FOR THE UNCURED BREACH.
DEFECTIVE COPIES.
21-704. COPY: REFUSAL OF DEFECTIVE TENDER.
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION AND § 21-705 OF THIS
SUBTITLE, TENDER OF A COPY THAT IS A MATERIAL BREACH OF CONTRACT PERMITS
THE PARTY TO WHICH TENDER IS MADE TO:
(1) REFUSE THE TENDER;
(2) ACCEPT THE TENDER; OR
(3) ACCEPT ANY COMMERCIALLY REASONABLE UNITS AND REFUSE THE
REST.
(B) IN A MASS-MARKET TRANSACTION THAT CALLS FOR ONLY A SINGLE
TENDER OF A COPY, A LICENSEE MAY REFUSE THE TENDER IF THE TENDER DOES
NOT CONFORM TO THE CONTRACT.
(C) REFUSAL OF A TENDER IS INEFFECTIVE UNLESS:
(1) IT IS MADE BEFORE ACCEPTANCE;
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- 127 -
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