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PARRIS N. GLENDENING, Governor
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S.B. 142
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ACCOMMODATION CONTRACT ARE NOT INCONSISTENT WITH THE LICENSE AND ANY
RIGHTS OF THE LICENSOR UNDER OTHER LAW.
(2) A FINANCIER THAT MAKES A TRANSFER THAT IS EFFECTIVE UNDER
SUBPARAGRAPH (1)(B) OF THIS PARAGRAPH MAY MAKE ONLY THE SINGLE TRANSFER
OR SUBLICENSE CONTEMPLATED BY THE NOTICE UNLESS THE LICENSOR CONSENTS
TO A LATER TRANSFER
(B) IF A FINANCIER MAKES AN EFFECTIVE TRANSFER OF ITS CONTRACTUAL
INTEREST IN A LICENSE, OR AN EFFECTIVE SUBLICENSE OF THE LICENSED
INFORMATION OR INFORMATIONAL RIGHTS, TO AN ACCOMMODATED LICENSEE, THE
FOLLOWING RULES APPLY:
(1) THE ACCOMMODATED LICENSEE'S RIGHTS AND OBLIGATIONS ARE
GOVERNED BY:
(A) THE LICENSE;
(B) ANY RIGHTS OF THE LICENSOR UNDER OTHER LAW; AND
(C) TO THE EXTENT NOT INCONSISTENT WITH SUBPARAGRAPHS (A)
AND (B) OF THIS PARAGRAPH, THE FINANCIAL ACCOMMODATION CONTRACT, WHICH
MAY IMPOSE ADDITIONAL CONDITIONS TO THE LICENSEE'S RIGHT TO USE THE
LICENSED INFORMATION OR INFORMATIONAL RIGHTS.
(2) THE FINANCIER DOES NOT MAKE WARRANTIES TO THE
ACCOMMODATED LICENSEE OTHER THAN THE WARRANTY UNDER § 21-401(B)(1) OF
THIS TITLE AND ANY EXPRESS WARRANTIES IN THE FINANCIAL ACCOMMODATION
CONTRACT.
21-509. FINANCING ARRANGEMENTS: OBLIGATIONS IRREVOCABLE.
UNLESS THE ACCOMMODATED LICENSEE IS A CONSUMER, A TERM IN A
FINANCIAL ACCOMMODATION CONTRACT PROVIDING THAT THE ACCOMMODATED
LICENSEE'S OBLIGATIONS TO THE FINANCIER ARE IRREVOCABLE AND
INDEPENDENT IS ENFORCEABLE. THE OBLIGATIONS BECOME IRREVOCABLE AND
INDEPENDENT UPON THE LICENSEE'S ACCEPTANCE OF THE LICENSE OR THE
FINANCIER'S GIVING OF VALUE, WHICHEVER OCCURS FIRST.
21-510. FINANCING ARRANGEMENTS: REMEDIES OR ENFORCEMENT.
(A) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) OF THIS SECTION,
ON MATERIAL BREACH OF A FINANCIAL ACCOMMODATION CONTRACT BY THE
ACCOMMODATED LICENSEE, THE FOLLOWING RULES APPLY:
(1) THE FINANCIER MAY CANCEL THE FINANCIAL ACCOMMODATION
CONTRACT.
(2) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, THE
FINANCIER MAY PURSUE ITS REMEDIES AGAINST THE ACCOMMODATED LICENSEE
UNDER THE FINANCIAL ACCOMMODATION CONTRACT.
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- 3685 -
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