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2000 LAWS OF MARYLAND
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Ch. 11
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CONTRACT, INCLUDING CONTRACTUAL USE TERMS, OBLIGATIONS NOT TO COMPETE,
AND OBLIGATIONS TO PAY CONTRACT FEES.
(2) THE LICENSEE MAY PURSUE ANY REMEDY FOR BREACH WHICH HAS
NOT BEEN WAIVED.
(3) THE LICENSOR'S RIGHTS REMAIN IN EFFECT BUT ARE SUBJECT TO
THE LICENSEE'S REMEDY FOR BREACH, INCLUDING ANY RIGHT OF RECOUPMENT OR
SETOFF.
21-814. DISCONTINUING ACCESS.
(A) SUBJECT TO THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION, ON
MATERIAL BREACH OF AN ACCESS CONTRACT OR IF THE AGREEMENT SO PROVIDES,
A PARTY MAY DISCONTINUE ALL CONTRACTUAL RIGHTS OF ACCESS OF THE PARTY
IN BREACH AND DIRECT ANY PERSON THAT IS ASSISTING THE PERFORMANCE OF
THE CONTRACT TO DISCONTINUE ITS PERFORMANCE.
(B) EXCEPT FOR DISCONTINUATION TO MEET A STATUTORY OR LEGAL
REQUIREMENT, BEFORE DISCONTINUING ALL CONTRACTUAL RIGHTS OF ACCESS
AN ACCESS CONTRACT, A PARTY SHALL GIVE NOTICE IN A RECORD TO THE PERSON
DESIGNATED BY THE AGREEMENT OR LICENSE STATING:
(1) THAT THE PARTY INTENDS TO DISCONTINUE ALL CONTRACTUAL
RIGHTS OF ACCESS IN THE ACCESS CONTRACT ON OR AFTER 3 DAYS FOLLOWING
RECEIPT BY THE OTHER PARTY OF THE NOTICE;
(2) THE NATURE OF THE CLAIMED BREACH THAT ENTITLES THE PARTY
TO DISCONTINUE ALL CONTRACTUAL RIGHTS OF ACCESS IN THE ACCESS CONTRACT;
(3) THE NAME, TITLE, ADDRESS, INCLUDING DIRECT TELEPHONE
NUMBER, FACSIMILE NUMBER, OR E MAIL ADDRESS, TO WHICH THE PARTY MAY
COMMUNICATE CONCERNING THE CLAIMED BREACH; AND
(4) THAT THE PARTY IN BREACH. HAS AN OPPORTUNITY TO CURE AS
PROVIDED IN § 21-703 OF THIS TITLE.
(C) THE AGREEMENT SHALL CONTAIN A TERM PROVIDING FOR THE NOTICE
IN SUBSECTION (B) OF THIS SECTION THAT:
(1) STATES THE NAME OF THE PERSON DESIGNATED TO RECEIVE THE
NOTICE AND THE MANNER IN WHICH THE NOTICE SHALL BE GIVEN AND THE PLACE
TO WHICH NOTICE MUST BE SENT TO THAT PERSON; AND
(2) PROVIDES A SIMPLE PROCEDURE FOR THE LICENSEE TO CHANCE
THE DESIGNATED PERSON OR PLACE.
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION. BEFORE
DISCONTINUING ALL CONTRACTUAL RIGHTS OF ACCESS IN AN ACCESS CONTRACT, A
PARTY SHALL GIVE NOTICE IN A RECORD TO THE PARTY IN BREACH STATING:
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- 140 -
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