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Ch. 11
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2000 LAWS OF MARYLAND
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ARE NOT RETURNABLE TO THE OTHER PARTY, BUT THE CONTRACTUAL USE TERMS
DO NOT APPLY TO INFORMATION OR COPIES PROPERLY RECEIVED OR OBTAINED
FROM ANOTHER SOURCE.
(C) RESCISSION OR A CLAIM FOR RESCISSION OF THE CONTRACT, OR
REFUSAL OF THE INFORMATION, DOES NOT PRECLUDE AND IS NOT INCONSISTENT
WITH A CLAIM FOR DAMAGES OR OTHER REMEDY.
21-802. CANCELLATION.
(A) AN AGGRIEVED PARTY MAY CANCEL A CONTRACT IF THERE IS A
MATERIAL BREACH THAT HAS NOT BEEN CURED OR WAIVED OR THE AGREEMENT
ALLOWS CANCELLATION FOR THE BREACH.
(B) CANCELLATION IS NOT EFFECTIVE UNTIL THE CANCELING PARTY GIVES
NOTICE OF CANCELLATION TO THE PARTY IN BREACH, UNLESS A DELAY REQUIRED
TO NOTIFY THE PARTY WOULD CAUSE OR THREATEN MATERIAL HARM OR LOSS TO
THE AGGRIEVED PARTY. THE NOTIFICATION MAY BE IN ANY FORM REASONABLE
UNDER THE CIRCUMSTANCES. HOWEVER, IN AN ACCESS CONTRACT, A PARTY MAY
CANCEL RIGHTS OF ACCESS WITHOUT NOTICE.
(C) ON CANCELLATION, THE FOLLOWING RULES APPLY:
(1) IF A PARTY IS IN POSSESSION OR CONTROL OF. LICENSED
INFORMATION, DOCUMENTATION, MATERIALS, OR COPIES OF LICENSED
INFORMATION, THE FOLLOWING RULES APPLY:
(A) A PARTY THAT HAS RIGHTFULLY REFUSED A COPY SHALL
COMPLY WITH § 21-706(B) OF THIS TITLE AS TO THE REFUSED COPY.
(B) A PARTY IN BREACH OF CONTRACT WHICH WOULD BE SUBJECT
TO AN OBLIGATION TO DELIVER UNDER § 21-618 OF THIS TITLE SHALL DELIVER ALL
INFORMATION, DOCUMENTATION, MATERIALS, AND COPIES TO THE OTHER PARTY
OR HOLD THEM WITH REASONABLE CARE FOR A REASONABLE TIME FOR DISPOSAL
AT THAT PARTY'S INSTRUCTIONS. THE PARTY IN BREACH OF CONTRACT SHALL
FOLLOW ANY REASONABLE INSTRUCTIONS RECEIVED FROM THE OTHER PARTY.
(C) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPHS (A) AND
(B) OF THIS PARAGRAPH, THE PARTY SHALL COMPLY WITH § 21-618 OF THIS TITLE.
(2) ALL OBLIGATIONS THAT ARE EXECUTORY ON BOTH SIDES AT THE
TIME OF CANCELLATION ARE DISCHARGED, BUT THE FOLLOWING SURVIVE:
(A) ANY RIGHT BASED ON PREVIOUS BREACH OR PERFORMANCE;
AND
(B) THE RIGHTS, DUTIES, AND REMEDIES DESCRIBED IN § 21-616(B)
OF THIS TITLE.
(3) CANCELLATION OF A LICENSE BY THE LICENSOR ENDS ANY
CONTRACTUAL RIGHT OF THE LICENSEE TO USE THE INFORMATION,
INFORMATIONAL RIGHTS, COPIES, OR OTHER MATERIALS.
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- 132 -
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