Section 22-808 – Licensor’s Damages
(a) In this section, “substitute transaction” means a transaction by the licensor which would not have been possible except for the licensee’s breach and which transaction is for the same information or informational rights with the same contractual use terms as the transaction to which the licensee’s breach applies. (b) Except as otherwise provided in § 22-807 […]
Section 22-703 – Cure of Breach of Contract
(a) A party in breach of contract may cure the breach at its own expense if: (1) The time for performance has not expired and the party in breach seasonably notifies the aggrieved party of its intent to cure and, within the time for performance, makes a conforming performance; (2) The party in breach had reasonable grounds to […]
Section 22-809 – Licensee’s Damages
(a) Subject to subsection (b) of this section and except as otherwise provided in § 22-807 of this subtitle, a breach of contract by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract, less expenses avoided as […]
Section 22-704 – Copy: Refusal of Defective Tender
(a) Subject to subsection (b) of this section and § 22-705 of this subtitle, tender of a copy that is a material breach of contract permits the party to which tender is made to: (1) Refuse the tender; (2) Accept the tender; or (3) Accept any commercially reasonable units and refuse the rest. (b) In a mass-market transaction that calls […]
Section 22-810 – Recoupment
(a) Except as otherwise provided in subsection (b) of this section, an aggrieved party, upon notifying the party in breach of contract of its intention to do so, may deduct all or any part of the damages resulting from the breach from any payments still due under the same contract. (b) If a breach of contract is […]
Section 22-705 – Copy: Contract With Previous Vested Grant of Rights
If an agreement grants a right in or permission to use informational rights which precedes or is otherwise independent of the delivery of a copy, the following rules apply: (1) A party may refuse a tender of a copy which is a material breach as to that copy, but refusal of that tender does not cancel […]
Section 22-706 – Copy: Duties Upon Rightful Refusal
(a) Except as otherwise provided in this section, after rightful refusal or revocation of acceptance of a copy, the following rules apply: (1) If the refusing party rightfully cancels the contract, § 22-802 of this title applies and all contractual use terms continue. (2) If the contract is not canceled, the parties remain bound by all contractual obligations. […]
Section 22-707 – Copy: Revocation of Acceptance
(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it: (1) On the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured; (2) During a continuing effort by the party in breach at […]
Section 22-708 – Adequate Assurance of Performance
(a) A contract imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may: (1) Demand in a record adequate assurance of due performance; and (2) Until that assurance is received, if commercially reasonable, suspend […]
Section 22-709 – Anticipatory Repudiation
(a) If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may: (1) Await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if […]