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PARRIS N. GLENDENING, Governor
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Ch. 11
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21-709. ANTICIPATORY REPUDIATION.
(A) IF A PARTY TO A CONTRACT REPUDIATES A PERFORMANCE NOT YET DUE
AND THE LOSS OF PERFORMANCE WILL SUBSTANTIALLY IMPAIR THE VALUE OF THE
CONTRACT TO THE OTHER PARTY, THE AGGRIEVED PARTY MAY:
(1) AWAIT PERFORMANCE BY THE REPUDIATING PARTY FOR A
COMMERCIALLY REASONABLE TIME OR RESORT TO ANY REMEDY FOR BREACH OF
CONTRACT, EVEN IF IT HAS URGED THE REPUDIATING PARTY TO RETRACT THE
REPUDIATION OR HAS NOTIFIED THE REPUDIATING PARTY THAT IT WOULD AWAIT
ITS PERFORMANCE; AND
(2) IN EITHER CASE, SUSPEND ITS OWN PERFORMANCE OR PROCEED IN
ACCORDANCE WITH § 21-812 OR § 21-813 OF THIS TITLE, AS APPLICABLE.
(B) REPUDIATION INCLUDES LANGUAGE THAT ONE PARTY WILL NOT OR
CANNOT MAKE A PERFORMANCE STILL DUE UNDER THE CONTRACT OR VOLUNTARY,
AFFIRMATIVE CONDUCT THAT REASONABLY APPEARS TO THE OTHER PARTY TO
MAKE A FUTURE PERFORMANCE IMPOSSIBLE.
21-710. RETRACTION OF ANTICIPATORY REPUDIATION.
(A) A REPUDIATING PARTY MAY RETRACT ITS REPUDIATION UNTIL ITS NEXT
PERFORMANCE IS DUE UNLESS THE AGGRIEVED PARTY, AFTER THE REPUDIATION,
HAS CANCELED THE CONTRACT, MATERIALLY CHANGED ITS POSITION, OR
OTHERWISE INDICATED THAT IT CONSIDERS THE REPUDIATION FINAL.
(B) A RETRACTION MAY BE BY ANY METHOD THAT CLEARLY INDICATES TO
THE AGGRIEVED PARTY THAT THE REPUDIATING PARTY INTENDS TO PERFORM THE
CONTRACT. HOWEVER, A RETRACTION MUST CONTAIN ANY ASSURANCE
JUSTIFIABLY DEMANDED UNDER § 21-708 OF THIS SUBTITLE.
(C) RETRACTION RESTORES A REPUDIATING PARTY'S RIGHTS UNDER THE
CONTRACT WITH DUE EXCUSE AND ALLOWANCE TO THE AGGRIEVED PARTY FOR ANY
DELAY CAUSED BY THE REPUDIATION.
SUBTITLE 8. REMEDIES; GENERAL; DAMAGES; REMEDIES RELATED TO
PERFORMANCE.
GENERAL.
21-801. REMEDIES IN GENERAL.
(A) THE REMEDIES PROVIDED IN THIS TITLE ARE CUMULATIVE, BUT A PARTY
MAY NOT RECOVER MORE THAN ONCE FOR THE SAME LOSS.
(B) EXCEPT AS OTHERWISE PROVIDED IN §§ 21-803 AND 21-804 OF THIS
SUBTITLE, IF A PARTY IS IN BREACH OF CONTRACT, WHETHER OR NOT THE BREACH
IS MATERIAL, THE AGGRIEVED PARTY HAS THE REMEDIES PROVIDED IN THE
AGREEMENT OR. THIS TITLE, BUT THE AGGRIEVED PARTY SHALL CONTINUE TO
COMPLY WITH ANY CONTRACTUAL USE TERMS WITH RESPECT TO INFORMATION OR
COPIES RECEIVED FROM THE OTHER PARTY WHICH HAVE NOT BEEN RETURNED OR
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