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PARRIS N. GLENDENING, Governor
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S.B. 142
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(3) THE FINANCIER'S REMEDIES UNDER THE FINANCIAL
ACCOMMODATION CONTRACT ARE SUBJECT TO THE LICENSOR'S RIGHTS AND THE
TERMS OF THE LICENSE.
21-511. FINANCING ARRANGEMENTS: EFFECT ON LICENSOR'S RIGHTS.
(A) THE CREATION OF A FINANCIER'S INTEREST DOES NOT PLACE ANY
OBLIGATIONS ON OR ALTER THE RIGHTS OF A LICENSOR
(B) A FINANCIER'S INTEREST DOES NOT ATTACH TO ANY INTELLECTUAL
PROPERTY RIGHTS OF THE LICENSOR UNLESS THE LICENSOR EXPRESSLY CONSENTS
TO SUCH ATTACHMENT IN A LICENSE OR ANOTHER RECORD.
SUBTITLE 6. PERFORMANCE; GENERAL; PERFORMANCE IN DELIVERY OF COPIES;
SPECIAL TYPES OF CONTRACTS; LOSS AND IMPOSSIBILITY; TERMINATION.
GENERAL.
21-601. PERFORMANCE OF CONTRACT IN GENERAL.
(A) A PARTY SHALL PERFORM IN A MANNER THAT CONFORMS TO THE
CONTRACT.
(B) IF AN UNCURED MATERIAL BREACH OF CONTRACT BY ONE PARTY
PRECEDES THE AGGRIEVED PARTY'S PERFORMANCE, THE AGGRIEVED PARTY NEED
NOT PERFORM EXCEPT WITH RESPECT TO CONTRACTUAL USE TERMS, BUT THE
CONTRACTUAL USE TERMS DO NOT APPLY TO INFORMATION OR COPIES PROPERLY
RECEIVED OR OBTAINED FROM ANOTHER SOURCE. IN ADDITION, THE FOLLOWING
RULES APPLY:
(1) THE AGGRIEVED PARTY MAY REFUSE A PERFORMANCE THAT IS A
MATERIAL BREACH AS TO THAT PERFORMANCE OR A PERFORMANCE THAT MAY BE
REFUSED UNDER § 21-704(B) OF THIS TITLE.
(2) THE AGGRIEVED PARTY MAY CANCEL THE CONTRACT ONLY IF THE
BREACH IS A MATERIAL BREACH OF THE WHOLE CONTRACT OR THE AGREEMENT SO
PROVIDES.
(C) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) OF THIS SECTION,
TENDER OF PERFORMANCE BY A PARTY ENTITLES THE PARTY TO ACCEPTANCE OF
THAT PERFORMANCE. IN ADDITION, THE FOLLOWING RULES APPLY:
(1) A TENDER OF PERFORMANCE OCCURS WHEN THE PARTY, WITH
MANIFEST PRESENT ABILITY AND WILLINGNESS TO PERFORM, OFFERS TO
COMPLETE THE PERFORMANCE.
(2) IF A PERFORMANCE BY THE OTHER PARTY IS DUE AT THE TIME OF
THE TENDERED PERFORMANCE, TENDER OF THE OTHER PARTY'S PERFORMANCE IS
A CONDITION TO THE TENDERING PARTY'S OBLIGATION TO COMPLETE THE
TENDERED PERFORMANCE.
(3) A PARTY SHALL PAY OR RENDER THE CONSIDERATION REQUIRED BY
THE AGREEMENT FOR A PERFORMANCE IT ACCEPTS. A PARTY THAT ACCEPTS A
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- 3687 -
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