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PARRIS N. GLENDENING, Governor
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Ch. 11
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(21) "COURSE OF DEALING" MEANS A SEQUENCE OF PREVIOUS CONDUCT
BETWEEN THE PARTIES TO A PARTICULAR TRANSACTION WHICH ESTABLISHES A
COMMON BASIS OF UNDERSTANDING FOR INTERPRETING THEIR EXPRESSIONS AND
OTHER CONDUCT.
(22) "COURSE OF PERFORMANCE" MEANS REPEATED PERFORMANCES,
UNDER A CONTRACT THAT INVOLVES REPEATED OCCASIONS FOR PERFORMANCE,
WHICH ARE ACCEPTED OR ACQUIESCED IN WITHOUT OBJECTION BY A PARTY
HAVING KNOWLEDGE OF THE NATURE OF THE PERFORMANCE AND AN
OPPORTUNITY TO OBJECT TO IT.
(23) "COURT" INCLUDES AN ARBITRATION OR OTHER
DISPUTE-RESOLUTION FORUM IF THE PARTIES HAVE AGREED TO USE OF THAT
FORUM OR ITS USE IS REQUIRED BY LAW.
(24) "DELIVERY', WITH RESPECT TO A COPY, MEANS THE VOLUNTARY
PHYSICAL OR ELECTRONIC TRANSFER OF POSSESSION OR CONTROL.
(25) "DIRECT DAMAGES" MEANS COMPENSATION FOR LOSSES MEASURED
BY § 21-808(B)(1) OR § 21-809(A)(1) OF THIS TITLE. THE TERM DOES NOT INCLUDE
CONSEQUENTIAL DAMAGES OR INCIDENTAL DAMAGES.
(26) "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING
ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR
SIMILAR CAPABILITIES.
(27) "ELECTRONIC AGENT" MEANS A COMPUTER PROGRAM, OR
ELECTRONIC OR OTHER AUTOMATED MEANS, USED BY A PERSON TO INITIATE AN
ACTION, OR TO RESPOND TO ELECTRONIC MESSAGES OR PERFORMANCES, ON THE
PERSON'S BEHALF WITHOUT REVIEW OR ACTION BY AN INDIVIDUAL AT THE TIME OF
THE ACTION OR RESPONSE TO THE MESSAGE OR PERFORMANCE.
(28) "ELECTRONIC MESSAGE" MEANS A RECORD OR DISPLAY THAT IS
STORED, GENERATED, OR TRANSMITTED BY ELECTRONIC MEANS FOR THE PURPOSE
OF COMMUNICATION TO ANOTHER PERSON OR ELECTRONIC AGENT.
(29) "FINANCIAL ACCOMMODATION CONTRACT" MEANS AN AGREEMENT
UNDER WHICH A PERSON EXTENDS A FINANCIAL ACCOMMODATION TO A LICENSEE
AND WHICH DOES NOT CREATE A SECURITY INTEREST GOVERNED BY TITLE 9 OF
THIS ARTICLE. THE AGREEMENT MAY BE IN ANY FORM, INCLUDING A LICENSE OR
LEASE.
(30) "FINANCIAL SERVICES TRANSACTION" MEANS AN AGREEMENT THAT
PROVIDES FOR, OR A TRANSACTION THAT IS, OR ENTAILS ACCESS TO, USE,
TRANSFER, CLEARANCE, SETTLEMENT, OR PROCESSING OF:
(A) A DEPOSIT, LOAN, FUNDS, OR MONETARY VALUE REPRESENTED
IN ELECTRONIC FORM AND STORED OR CAPABLE OF STORAGE BY ELECTRONIC
MEANS AND RETRIEVABLE AND TRANSFERABLE BY ELECTRONIC MEANS, OR OTHER
RIGHT TO PAYMENT TO OR FROM A PERSON;
(B) AN INSTRUMENT OR OTHER ITEM;
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