Section 22-811 – Specific Performance
(a) Specific performance may be ordered: (1) If the agreement provides for that remedy, other than an obligation for the payment of money; (2) If the contract was not for personal services and the agreed performance is unique; or (3) In other proper circumstances. (b) An order for specific performance may contain any conditions considered just and must provide adequate […]
Section 22-812 – Completing Performance
(a) On breach of contract by a licensee, the licensor may: (1) Identify to the contract any conforming copy not already identified if, at the time the licensor learned of the breach, the copy was in its possession; (2) In the exercise of reasonable commercial judgment for purposes of avoiding loss and effective realization on effort or investment, […]
Section 22-813 – Continuing Use
On breach of contract by a licensor, the following rules apply: (1) A licensee that has not canceled the contract may continue to use the information and informational rights under the contract. If the licensee continues to use the information or informational rights, the licensee is bound by all terms of the contract, including contractual use […]
Section 22-814 – Discontinuing Access
(a) Subject to subsection (b) of this section, on material breach of an access contract or if the agreement so provides, a party may discontinue all contractual rights of access of the party in breach and direct any person that is assisting the performance of the contract to discontinue its performance. (b) Except as provided in subsection […]
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 22-802 – Cancellation
(a) An aggrieved party may cancel a contract if there is a material breach that has not been cured or waived or the agreement allows cancellation for the breach. (b) Cancellation is not effective until the canceling party gives notice of cancellation to the party in breach, unless a delay required to notify the party would cause […]
Section 22-803 – Contractual Modification of Remedy
(a) Except as otherwise provided in this section and in § 22-804 of this subtitle: (1) An agreement may provide for remedies in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title or a party’s other remedies under this title, such as […]
Section 22-804 – Liquidation of Damages
(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of: (1) The loss anticipated at the time of contracting; (2) The actual loss; or (3) The actual or anticipated difficulties of proving loss in the event of breach. (b) If a term liquidating damages is unenforceable under […]
Section 22-805 – Limitation of Actions
(a) Except as otherwise provided in subsection (b) of this section, an action for breach of contract must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues. […]