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PARRIS N. GLENDENING, Governor
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S.B. 142
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(1) IF THE CONTRACT REQUIRES DELIVERY OF A COPY HELD BY A THIRD
PERSON WITHOUT BEING MOVED, THE TENDERING PARTY SHALL TENDER ACCESS
MATERIAL OR DOCUMENTS REQUIRED BY THE AGREEMENT.
(2) IF THE TENDERING PARTY IS REQUIRED OR AUTHORIZED TO SEND A
COPY TO THE OTHER PARTY AND THE CONTRACT DOES NOT REQUIRE THE
TENDERING PARTY TO DELIVER THE COPY AT A PARTICULAR DESTINATION, THE
FOLLOWING RULES APPLY:
(A) IN TENDERING DELIVERY OF A COPY ON A TANGIBLE MEDIUM,
THE TENDERING PARTY SHALL PUT THE COPY IN THE POSSESSION OF A CARRIER
AND MAKE A CONTRACT FOR ITS TRANSPORTATION THAT IS REASONABLE IN LIGHT
OF THE NATURE OF THE INFORMATION AND OTHER CIRCUMSTANCES, WITH
EXPENSES OF TRANSPORTATION TO BE BORNE BY THE RECEIVING PARTY.
(B) IN TENDERING ELECTRONIC DELIVERY OF A COPY, THE
TENDERING PARTY SHALL INITIATE OR CAUSE TO HAVE INITIATED A TRANSMISSION
THAT IS REASONABLE IN LIGHT OF THE NATURE OF THE INFORMATION AND OTHER
CIRCUMSTANCES, WITH EXPENSES OF TRANSMISSION TO BE BORNE BY THE
RECEIVING PARTY.
(3) IF THE TENDERING PARTY IS REQUIRED TO DELIVER A COPY AT A
PARTICULAR DESTINATION, THE TENDERING PARTY SHALL MAKE A COPY
AVAILABLE AT THAT DESTINATION AND BEAR THE EXPENSES OF TRANSPORTATION
OR TRANSMISSION.
21-607. COPY: PERFORMANCE RELATED TO DELIVERY; PAYMENT.
(A) IF PERFORMANCE REQUIRES DELIVERY OF A COPY, THE FOLLOWING
RULES APPLY:
(1) THE PARTY REQUIRED TO DELIVER NEED NOT COMPLETE A
TENDERED DELIVERY UNTIL THE RECEIVING PARTY TENDERS ANY PERFORMANCE
THEN DUE.
(2) TENDER OF DELIVERY IS A CONDITION OF THE OTHER PARTY'S DUTY
TO ACCEPT THE COPY AND ENTITLES THE TENDERING PARTY TO ACCEPTANCE OF
THE COPY.
(B) IF PAYMENT IS DUE ON DELIVERY OF A COPY, THE FOLLOWING RULES
APPLY:
(1) TENDER OF DELIVERY IS A CONDITION OF THE RECEIVING PARTY'S
DUTY TO PAY AND ENTITLES THE TENDERING PARTY TO PAYMENT ACCORDING TO
THE CONTRACT.
(2) ALL COPIES REQUIRED BY THE CONTRACT MUST BE TENDERED IN A
SINGLE DELIVERY, AND PAYMENT IS DUE ONLY ON TENDER
(C) IF THE CIRCUMSTANCES GIVE EITHER PARTY THE RIGHT TO MAKE OR
DEMAND DELIVERY IN LOTS, THE CONTRACT FEE, IF IT CAN BE APPORTIONED, MAY
BE DEMANDED FOR EACH LOT.
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- 3691 -
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