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PARRIS N. GLENDENING, Governor
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S.B. 142
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(3) THE LICENSOR'S RIGHTS REMAIN FN EFFECT BUT ARE SUBJECT TO
THE LICENSEE'S REMEDY FOR BREACH, INCLUDING ANY RIGHT OF RECOUPMENT OR
SETOFF.
21-814. DISCONTINUING ACCESS.
(A) ON SUBJECT TO SUBSECTION (B) OF THIS SECTION. ON MATERIAL BREACH
OF AN ACCESS CONTRACT OR IF THE AGREEMENT SO PROVIDES, A PARTY MAY
DISCONTINUE ALL CONTRACTUAL RIGHTS OF ACCESS OF THE PARTY IN BREACH AND
DIRECT ANY PERSON THAT IS ASSISTING THE PERFORMANCE OF THE CONTRACT TO
DISCONTINUE ITS PERFORMANCE.
(B) IN AN ACCESS CONTRACT THAT REQUIRES PERIODIC PAYMENTS OVER
TIME, BEFORE OR AT THE TIME OF DISCONTINUATION OF ALL CONTRACTUAL
RIGHTS OF ACCESS, A PARTY SHALL NOTIFY THE PARTY IN BREACH IN A RECORD OF:
(1) THE DISCONTINUATION OF ALL CONTRACTUAL RIGHTS OF ACCESS
IN THE ACCESS CONTRACT;
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, BEFORE
DISCONTINUING ALL CONTRACTUAL RIGHTS OF ACCESS IN AN ACCESS CONTRACT, A
PARTY SHALL GIVE NOTICE IN A RECORD TO THE PARTY IN BREACH STATING:
(1) THAT THE PARTY INTENDS TO DISCONTINUE ALL CONTRACTUAL
RIGHTS OF ACCESS IN THE ACCESS CONTRACT ON OR AFTER 3 DAYS FOLLOWING
THE DATE NOTICE IS GIVEN;
(2) THE NATURE OF THE CLAIMED BREACH THAT ENTITLES THE PARTY
TO DISCONTINUE ALL CONTRACTUAL RIGHTS OF ACCESS IN THE ACCESS CONTRACT;
(3) THE OPPORTUNITY TO CURE AS PROVIDED UNDER § 21-703 OF THIS
TITLE; AND
(4) INFORMATION TO ALLOW FOR COMMUNICATION CONCERNING THE
CLAIMED BREACH, INCLUDING THE PARTY'S:
(I) ADDRESS AND TELEPHONE NUMBER; AND
(II) 1. FACSIMILE NUMBER; OR
2. E-MAIL ADDRESS.
(C) THE NOTICE REQUIRED IN SUBSECTION (B) OF THIS SECTION IS NOT
REQUIRED FOR A DISCONTINUATION TO MEET A STATUTORY OR LEGAL
REQUIREMENT OR DUE TO A MATERIAL BREACH OF A CONTRACTUAL USE TERM.
21-815. RIGHT TO POSSESSION AND PREVENT USE.
(A) ON CANCELLATION OF A LICENSE, THE LICENSOR HAS THE .RIGHT:
(1) TO POSSESSION OF ALL COPIES OF THE LICENSED INFORMATION IN
THE POSSESSION OR CONTROL OF THE LICENSEE AND ANY OTHER MATERIALS
PERTAINING TO THAT INFORMATION WHICH BY CONTRACT ARE TO BE RETURNED OR
DELIVERED BY THE LICENSEE TO THE LICENSOR; AND
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- 3715 -
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