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S.B. 142
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VETOES
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PERFORMANCE HAS THE BURDEN OF ESTABLISHING A BREACH OF CONTRACT WITH
RESPECT TO THE ACCEPTED PERFORMANCE.
(D) EXCEPT AS OTHERWISE PROVIDED IN §§ 21-603 AND 21-604 OF THIS
SUBTITLE, IN THE CASE OF A PERFORMANCE WITH RESPECT TO A COPY, THIS
SECTION IS SUBJECT TO §§ 21-606 THROUGH 21-610 AND §§ 21-704 THROUGH 21-707
OF THIS TITLE.
21-602. LICENSOR'S OBLIGATION TO ENABLE USE.
(A) IN THIS SECTION, "ENABLE USE" MEANS TO GRANT A CONTRACTUAL
RIGHT OR PERMISSION WITH RESPECT TO INFORMATION OR INFORMATIONAL
RIGHTS AND TO COMPLETE THE ACTS, IF ANY, REQUIRED UNDER THE AGREEMENT
TO MAKE THE INFORMATION AVAILABLE TO THE LICENSEE.
(B) A LICENSOR SHALL ENABLE USE BY THE LICENSEE PURSUANT TO THE
CONTRACT. THE FOLLOWING RULES APPLY TO ENABLING USE:
(1) IF NOTHING OTHER THAN THE GRANT OF A CONTRACTUAL RIGHT OR
PERMISSION IS REQUIRED TO ENABLE USE, THE LICENSOR ENABLES USE WHEN THE
CONTRACT BECOMES ENFORCEABLE.
(2) IF THE AGREEMENT REQUIRES DELIVERY OF A COPY, ENABLING USE
OCCURS WHEN THE COPY IS TENDERED TO THE LICENSEE.
(3) IF THE AGREEMENT REQUIRES DELIVERY OF A COPY AND STEPS
AUTHORIZING THE LICENSEE'S USE, ENABLING USE OCCURS WHEN THE LAST OF
THOSE ACTS OCCURS.
(4) IN AN ACCESS CONTRACT, ENABLING USE REQUIRES TENDERING
ALL ACCESS MATERIAL NECESSARY TO ENABLE THE AGREED ACCESS.
(5) IF THE AGREEMENT REQUIRES A TRANSFER OF OWNERSHIP OF
INFORMATIONAL RIGHTS AND A FILING OR RECORDING IS ALLOWED BY LAW TO
ESTABLISH PRIORITY OF THE TRANSFERRED OWNERSHIP, ON REQUEST BY THE
LICENSEE, THE LICENSOR SHALL EXECUTE AND TENDER A RECORD APPROPRIATE
FOR THAT PURPOSE.
21-603. SUBMISSIONS OF INFORMATION TO SATISFACTION OF A PARTY.
IF AN AGREEMENT REQUIRES THAT SUBMITTED INFORMATION BE TO THE
SATISFACTION OF THE RECIPIENT, THE FOLLOWING RULES APPLY:
(1) §§ 21-606 THROUGH 21-610 AND §§ 21-704 THROUGH 21-707 OF THIS
TITLE DO NOT APPLY TO THE SUBMISSION.
(2) IF THE INFORMATION IS NOT SATISFACTORY TO THE RECIPIENT AND
THE PARTIES ENGAGE IN EFFORTS TO CORRECT THE DEFICIENCIES IN A MANNER
AND OVER A TIME CONSISTENT WITH THE ORDINARY STANDARDS OF THE BUSINESS,
TRADE, OR INDUSTRY, NEITHER THE EFFORTS NOR THE PASSAGE OF TIME REQUIRED
FOR THE EFFORTS IS AN ACCEPTANCE OR A REFUSAL OF THE SUBMISSION.
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- 3688 -
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