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 22-703 – 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 […]