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 […]
Section 22-612 – Correction and Support Contracts
(a) If a person agrees to provide services regarding the correction of performance problems in computer information, other than an agreement to cure its own existing breach of contract, the following rules apply: (1) If the services are provided by a licensor of the information as part of a limited remedy, the licensor undertakes that its performance […]
Section 22-613 – Contracts Involving Publishers, Dealers, and End Users
(a) In this section: (1) “Dealer” means a merchant licensee that receives information directly or indirectly from a licensor for sale or license to end users. (2) “End user” means a licensee that acquires a copy of the information from a dealer by delivery on a tangible medium for the licensee’s own use and not for sale, license, […]
Section 22-614 – Risk of Loss of Copy
(a) Except as otherwise provided in this section, the risk of loss as to a copy that is to be delivered to a licensee, including a copy delivered by electronic means, passes to the licensee upon its receipt of the copy. (b) If an agreement requires or authorizes a licensor to send a copy on a tangible […]
Section 22-510 – Financing Arrangements: Remedies or Enforcement
(a) Except as otherwise provided in subsection (b) of this section, on material breach of a financial accommodation contract by the accommodated licensee, the following rules apply: (1) The financier may cancel the financial accommodation contract. (2) Subject to paragraphs (3) and (4) of this subsection, the financier may pursue its remedies against the accommodated licensee under the […]