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PARRIS N. GLENDENING, Governor
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S.B. 142
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(2) IT OCCURS AFTER A SUBSTANTIAL CHANGE IN CONDITION NOT
CAUSED BY DEFECTS IN THE INFORMATION, SUCH AS AFTER THE PARTY
COMMINGLES THE INFORMATION IN A MANNER THAT MAKES ITS RETURN
IMPOSSIBLE; OR
(3) THE PARTY ATTEMPTING TO REVOKE RECEIVED A SUBSTANTIAL
BENEFIT OR VALUE FROM THE INFORMATION, AND THE BENEFIT OR VALUE CANNOT
BE RETURNED.
(D) A PARTY THAT RIGHTFULLY REVOKES HAS THE SAME DUTIES AND IS
UNDER THE SAME RESTRICTIONS AS IF THE PARTY HAD REFUSED TENDER OF THE
COPY.
REPUDIATION AND ASSURANCES.
21-708. ADEQUATE ASSURANCE OF PERFORMANCE.
(A) A CONTRACT IMPOSES AN OBLIGATION ON EACH PARTY NOT TO IMPAIR
THE OTHER'S EXPECTATION OF RECEIVING DUE PERFORMANCE. IF REASONABLE
GROUNDS FOR INSECURITY ARISE WITH RESPECT TO THE PERFORMANCE OF EITHER
PARTY, THE AGGRIEVED PARTY MAY:
(1) DEMAND IN A RECORD ADEQUATE ASSURANCE OF DUE
PERFORMANCE; AND
(2) UNTIL THAT ASSURANCE IS RECEIVED, IF COMMERCIALLY
REASONABLE, SUSPEND ANY PERFORMANCE, OTHER THAN WITH RESPECT TO
CONTRACTUAL USE TERMS, FOR WHICH THE AGREED RETURN PERFORMANCE HAS
NOT BEEN RECEIVED.
(B) BETWEEN MERCHANTS, THE REASONABLENESS OF GROUNDS FOR
INSECURITY AND THE ADEQUACY OF ANY ASSURANCE OFFERED IS DETERMINED
ACCORDING TO COMMERCIAL STANDARDS.
(C) ACCEPTANCE OF ANY IMPROPER DELIVERY OR PAYMENT DOES NOT
IMPAIR AN AGGRIEVED PARTY'S RIGHT TO DEMAND ADEQUATE ASSURANCE OF
FUTURE PERFORMANCE.
(D) AFTER RECEIPT OF A JUSTIFIED DEMAND UNDER SUBSECTION (A) OF
THIS SECTION, FAILURE, WITHIN A REASONABLE TIME NOT EXCEEDING 30 DAYS, TO
PROVIDE ASSURANCE OF DUE PERFORMANCE WHICH IS ADEQUATE UNDER THE
CIRCUMSTANCES OF THE PARTICULAR CASE IS A REPUDIATION OF THE CONTRACT
UNDER § 21-709 OF THIS SUBTITLE.
21-709. ANTICIPATORY REPUDIATION.
(A) IF A PARTY TO A CONTRACT REPUDIATES A PERFORMANCE NOT YET DUE
AND THE LOSS OF PERFORMANCE WILL SUBSTANTIALLY IMPAIR THE VALUE OF THE
CONTRACT TO THE OTHER PARTY, THE AGGRIEVED PARTY MAY:
(1) AWAIT PERFORMANCE BY THE REPUDIATING PARTY FOR A
COMMERCIALLY REASONABLE TIME OR RESORT TO ANY REMEDY FOR BREACH OF
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- 3705 -
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