Ch. 292

2004 LAWS OF MARYLAND

(II) A STATE FACILITY, AS DEFINED IN § 10-101 OF THE HEALTH -
GENERAL ARTICLE;

(III)   A PROGRAM LICENSED BY THE DEPARTMENT OF MENTAL
HEALTH AND HYGIENE UNDER TITLE 7 OR TITLE 10 OF THE HEALTH - GENERAL
ARTICLE;

(IV)    A FREESTANDING HOSPICE CARE PROGRAM REGULATED BY
THE DEPARTMENT OF MENTAL HEALTH AND HYGIENE UNDER TITLE 19, SUBTITLE 9
OF THE HEALTH - GENERAL ARTICLE;

(V)     A FREESTANDING DAY CARE CENTER FOR THE ELDERLY
REGULATED BY THE DEPARTMENT OF MENTAL HEALTH AND HYGIENE UNDER TITLE
14, SUBTITLE 2 OF THE HEALTH - GENERAL ARTICLE;

(VI)    A RETIREMENT COMMUNITY THAT IS OWNED BY OR
AFFILIATED WITH A CHURCH OR RELIGIOUS ORGANIZATION;

(VII)  A COOPERATE HOUSING CORPORATION ORGANIZED UNDER
TITLE 5, SUBTITLE 6B OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE AND
CERTIFIED AS A CONTINUING CARE PROVIDER UNDER ARTICLE 70B OF THE CODE
AND SEPARATE ENTITIES CERTIFIED AS CONTINUING CARE PROVIDERS UNDER
ARTICLE 70B OF THE CODE THAT PROVIDE SERVICES TO RESIDENTS OF A
COOPERATIVE HOUSING CORPORATION; OR

(VIII)  A CONDOMINIUM ORGANIZED UNDER TITLE 11 OF THE REAL
PROPERTY ARTICLE AND CERTIFIED AS A CONTINUING CARE PROVIDER UNDER
ARTICLE 70B OF THE CODE AND SEPARATE ENTITIES CERTIFIED AS CONTINUING
CARE PROVIDERS UNDER ARTICLE 70B OF THE CODE THAT PROVIDE SERVICES TO
RESIDENTS OF A CONDOMINIUM.

23-102.

(A)     IF A CONFLICT EXISTS BETWEEN THE EXPRESS TERMS AND CONDITIONS
OF AN OPERATING AGREEMENT AND THE TERMS AND CONDITIONS IMPLIED BY THE
LAW GOVERNING THE RELATIONSHIP BETWEEN A PRINCIPAL AND AGENT, THE
EXPRESS TERMS AND CONDITIONS OF THE OPERATING AGREEMENT SHALL GOVERN.

(B)     A COURT MAY ORDER THE REMEDY OF SPECIFIC PERFORMANCE FOR
ANTICIPATORY OR ACTUAL BREACH OR ATTEMPTED OR ACTUAL TERMINATION OF
AN OPERATING AGREEMENT NOTWITHSTANDING THE EXISTENCE OF AN AGENCY
RELATIONSHIP BETWEEN THE PARTIES TO THE OPERATING AGREEMENT.

23-103.

EXPRESS COVENANTS OR OTHER PROVISIONS OF AN OPERATING AGREEMENT
THAT ESTABLISH A PARTY'S DUTIES AND OBLIGATIONS UNDER THE OPERATING
AGREEMENT CREATE THE ONLY DUTIES AND OBLIGATIONS ENFORCEABLE AGAINST
THE PARTY UNDER THE OPERATING AGREEMENT.

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