Section 22-503 – Transfer of Contractual Interest
The following rules apply to a transfer of a contractual interest: (1) A party’s contractual interest may be transferred unless the transfer: (A) Is prohibited by other law; or (B) Except as otherwise provided in paragraph (3) of this subsection, would materially change the duty of the other party, materially increase the burden or risk imposed on the […]
Section 22-504 – Effect of Transfer of Contractual Interest
(a) A transfer of “the contract” or of “all my rights under the contract”, or a transfer in similar general terms, is a transfer of all contractual interests under the contract. Whether the transfer is effective is determined by §§ 22-503 and 22-508(a)(1)(B) of this subtitle. (b) The following rules apply to a transfer of a party’s […]
Section 22-505 – Performance by Delegate; Subcontract
(a) A party may perform its contractual duties or exercise its contractual rights through a delegate or a subcontract unless: (1) The contract prohibits delegation or subcontracting; or (2) The other party has a substantial interest in having the original promisor perform or control the performance. (b) Delegating or subcontracting performance does not relieve the delegating party of a […]
Section 22-308 – Duration of Contract
If an agreement does not specify its duration, to the extent allowed by other law, the following rules apply: (1) Except as otherwise provided in paragraph (2) of this section, the agreement is enforceable for a time reasonable in light of the licensed subject matter and commercial circumstances but may be terminated as to future performances […]
Section 22-506 – Transfer of Transferee’s Interest by Licensee
(a) If all or any part of a licensee’s interest in a license is transferred, voluntarily or involuntarily, the transferee does not acquire an interest in information, copies, or the contractual or informational rights of the licensee unless the transfer is effective under § 22-503 or § 22-508(a)(1)(B) of this subtitle. If the transfer is effective, […]
Section 22-309 – Agreement for Performance to a Party’s Satisfaction
(a) Except as otherwise provided in subsection (b) of this section, an agreement that provides that the performance of one party is to be to the satisfaction or approval of the other party requires performance sufficient to satisfy a reasonable person in the position of the party that must be satisfied. (b) Performance must be to the […]
Section 22-507 – Financing if Financier Does Not Become Licensee
If a financier does not become a licensee in connection with its financial accommodation contract, the following rules apply: (1) The financier does not receive the benefits or burdens of the license. (2) The licensee’s rights and obligations with respect to the information and informational rights are governed by: (A) The license; (B) Any rights of the licensor under […]
Section 22-210 – Terms of Contract Formed by Conduct
(a) Except as otherwise provided in subsection (b) of this section and subject to § 22-301 of this title, if a contract is formed by conduct of the parties, the terms of the contract are determined by consideration of the terms and conditions to which the parties expressly agreed, course of performance, course of dealing, usage […]
Section 22-211 – Pretransaction Disclosures in Internet-Type Transactions
This section applies to a licensor that makes its computer information available to a licensee by electronic means from its Internet or similar electronic site. In such a case, the licensor affords an opportunity to review the terms of a standard form license which opportunity satisfies § 22-112(e) of this title with respect to a […]
Section 22-212 – Efficacy and Commercial Reasonableness of Attribution Procedure
The efficacy, including the commercial reasonableness, of an attribution procedure is determined by the court. In making this determination, the following rules apply: (1) An attribution procedure established by law is effective for transactions within the coverage of the statute or rule. (2) Except as otherwise provided in paragraph (1) of this section, commercial reasonableness and effectiveness […]