Section 22-815 – 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 (2) To prevent the continued […]
Section 22-816 – Limitations on Electronic Self-Help
(a) In this section, “electronic self-help” means the use of electronic means to exercise a licensor’s rights under § 22-815(b) of this subtitle. (b) Notwithstanding the provisions of this section, electronic self-help is prohibited in mass-market transactions. (c) Prior to cancellation of a license in which the parties have agreed to permit the use of electronic self-help, the […]
Section 23-102 – Conflicts Between Terms and Conditions; Remedies for Breach
(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 […]
Section 23-103 – Express Covenants
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.
Section 23-104 – Enforceability
If an operating agreement states that it shall continue for a period of time or until the happening of an event, the operating agreement shall be enforceable between the parties until the expiration of the period of time or the happening of the event unless the operating agreement contains a right of early termination.
Section 23-105 – Implied Covenants
(a) The covenant of good faith and fair dealing shall be implied in an operating agreement unless the operating agreement states that a party may perform a duty or obligation in the party’s sole discretion. (b) Unless an operating agreement contains a covenant or other provision that specifically incorporates a duty into the operating agreement, no duties […]
Section 23-106 – Construction
This title may not be construed to: (1) Limit the defenses of fraud, duress, or illegality; or (2) Affect any claim between a third party and a party to an operating agreement.
Section 24-102 – Supplemental Provisions
Unless displaced by a particular provision of this title, the principles of law and equity supplement this title.
Section 24-103 – Applicability of Title
(a) Except as otherwise provided in subsection (b) or (c) of this section, this title applies to: (1) A receivership for an interest in real property and any personal property that is: (i) Related to the real property; or (ii) Used in operating the real property; (2) A receivership established under § 3–411 or § 3–415 of the Corporations and […]
Section 24-201 – Appointment of Receiver
(a) A court may appoint a receiver: (1) Before judgment, to protect a party that demonstrates an apparent right to property that is the subject of the action, if the property or the revenue–producing potential of the property: (i) Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or (ii) Has been or is […]