reglab/housing_qa huggingface dataset:
MD. Commercial Law Code Ann. §  22-613 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 6 - Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination|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, transmission to third persons, or public display or performance for a fee.        (3)    “Publisher” means a licensor, other than a dealer, that offers a license to an end user with respect to information distributed by a dealer to the end user.    (b)    In a contract between a dealer and an end user, if the end user’s right to use the information or informational rights is subject to a license by the publisher and there was no opportunity to review the license before the end user became obligated to pay the dealer, the following rules apply:        (1)    The contract between the end user and the dealer is conditioned on the end user’s agreement to the publisher’s license.        (2)    If the end user does not agree, such as by manifesting assent, to the terms of the publisher’s license, the end user has a right to a return from the dealer. A right under this paragraph is a return for purposes of §§ 22-112, 22-208, and 22-209 of this title.        (3)    The dealer is not bound by the terms, and does not receive the benefits, of an agreement between the publisher and the end user unless the dealer and end user adopt those terms as part of the agreement.    (c)    If an agreement provides for distribution of copies on a tangible medium or in packaging provided by the publisher or an authorized third party, a dealer may distribute those copies and documentation only:        (1)    In the form as received; and        (2)    Subject to the terms of any license that the publisher provides to the dealer to be furnished to end users.    (d)    A dealer that enters into an agreement with an end user is a licensor with respect to the end user under this title.
MD. Commercial Law Code Ann. §  22-614 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 6 - Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination|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 medium by carrier, the following rules apply:        (1)    If the agreement does not require the licensor to deliver the copy at a particular destination, the risk of loss passes to the licensee when the copy is duly delivered to the carrier, even if the shipment is under reservation.        (2)    If the agreement requires the licensor to deliver the copy at a particular destination and the copy is duly tendered there in the possession of the carrier, the risk of loss passes to the licensee when the copy is tendered at that destination.        (3)    If a tender of delivery of a copy or a shipping document fails to conform to the contract, the risk of loss remains with the licensor until cure or acceptance.    (c)    If a copy is held by a third party to be delivered or reproduced without being moved or a copy is to be delivered by making access available to a third party resource containing a copy, the risk of loss passes to the licensee upon:        (1)    The licensee’s receipt of a negotiable document of title or other access materials covering the copy;        (2)    Acknowledgment by the third party to the licensee of the licensee’s right to possession of or access to the copy; or        (3)    The licensee’s receipt of a record directing the third party, pursuant to an agreement between the licensor and the third party, to make delivery or authorizing the third party to allow access.
MD. Commercial Law Code Ann. §  22-615 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 6 - Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination|Section 22-615 - Excuse by Failure of Presupposed Conditions

    (a)    Unless a party has assumed a different obligation, delay in performance by a party, or nonperformance in whole or part by a party, other than of an obligation to make payments or to conform to contractual use terms, is not a breach of contract if the delay or nonperformance is of a performance that has been made impracticable by:        (1)    The occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made; or        (2)    Compliance in good faith with any foreign or domestic statute, governmental rule, regulation, or order, whether or not it later proves to be invalid.    (b)    A party claiming excuse under subsection (a) of this section shall seasonably notify the other party that there will be delay or nonperformance.    (c)    If an excuse affects only a part of a party’s capacity to perform an obligation for delivery of copies, the party claiming excuse shall allocate performance among its customers in any manner that is fair and reasonable and notify the other party of the estimated quota to be made available. In making the allocation, the party claiming excuse may include the requirements of regular customers not then under contract and its own requirements.    (d)    A party that receives notice pursuant to subsection (b) of this section of a material or indefinite delay in delivery of copies or of an allocation under subsection (c) of this section, by notice in a record, may:        (1)    Terminate and thereby discharge any executory portion of the contract; or        (2)    Modify the contract by agreeing to take the available allocation in substitution.    (e)    If, after receipt of notice under subsection (b) of this section, a party does not modify the contract within a reasonable time not exceeding 30 days, the contract lapses with respect to any performance affected.
MD. Commercial Law Code Ann. §  22-616 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 6 - Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination|Section 22-616 - Termination: Survival of Obligations

    (a)    Except as otherwise provided in subsection (b) of this section, on termination all obligations that are still executory on both sides are discharged.    (b)    The following survive termination:        (1)    A right based on previous breach or performance of the contract;        (2)    An obligation of confidentiality, nondisclosure, or noncompetition to the extent enforceable under other law;        (3)    A contractual use term applicable to any licensed copy or information received from the other party, or copies made of it, which are not returned or returnable to the other party;        (4)    An obligation to deliver, or dispose of information, materials, documentation, copies, records, or the like to the other party, an obligation to destroy copies, or a right to obtain information from an escrow agent;        (5)    A choice of law or forum;        (6)    An obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;        (7)    A term limiting the time for commencing an action or for giving notice;        (8)    An indemnity term or a right related to a claim of a type described in § 22-805(d)(1) of this title;        (9)    A limitation of remedy or modification or disclaimer of warranty;        (10)    An obligation to provide an accounting and make any payment due under the accounting; and        (11)    Any term that the agreement provides will survive.
MD. Commercial Law Code Ann. §  22-617 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 6 - Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination|Section 22-617 - Notice of Termination

    (a)    Except as otherwise provided in subsection (b) of this section, a party may not terminate a contract except on the happening of an agreed event, such as the expiration of the stated duration, unless the party gives reasonable notice of termination to the other party.    (b)    An access contract may be terminated without giving notice. However, except on the happening of an agreed event, termination requires giving reasonable notice to the licensee if the access contract pertains to information owned and provided by the licensee to the licensor.    (c)    A term dispensing with a notice required under this section is invalid if its operation would be unconscionable. However, a term specifying standards for giving notice is enforceable if the standards are not manifestly unreasonable.
MD. Commercial Law Code Ann. §  22-618 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 6 - Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination|Section 22-618 - Termination: Enforcement

    (a)    On termination of a license, a party in possession or control of information, copies, or other materials that are the property of the other party, or are subject to a contractual obligation to be delivered to that party on termination, shall use commercially reasonable efforts to deliver or hold them for disposal on instructions of that party. If any materials are jointly owned, the party in possession or control shall make them available to the joint owners.    (b)    Termination of a license ends all right under the license for the licensee to use or access the licensed information, informational rights, or copies. Continued use of the licensed copies or exercise of terminated rights is a breach of contract unless authorized by a term that survives termination.    (c)    Each party may enforce its rights under subsections (a) and (b) of this section by acting pursuant to § 22-605 of this subtitle or by judicial process, including obtaining an order that the party or an officer of the court take the following actions with respect to any licensed information, documentation, copies, or other materials to be delivered:        (1)    Deliver or take possession of them;        (2)    Without removal, render unusable or eliminate the capability to exercise contractual rights in or use of them;        (3)    Destroy or prevent access to them; and        (4)    Require that the party or any other person in possession or control of them make them available to the other party at a place designated by that party which is reasonably convenient to both parties.    (d)    In an appropriate case, a court of competent jurisdiction may grant injunctive relief to enforce the parties’ rights under this section.
MD. Commercial Law Code Ann. §  22-701 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 7 - Breach of Contract; General; Defective Copies; Repudiation and Assurances|Section 22-701 - Breach of Contract; Material Breach

    (a)    Whether a party is in breach of contract is determined by the agreement or, in the absence of agreement, this title. A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this title or the agreement. A breach, whether or not material, entitles the aggrieved party to its remedies. Whether a breach of a contractual use term is an infringement or a misappropriation is determined by applicable informational property rights law.    (b)    A breach of contract is material if:        (1)    The contract so provides;        (2)    The breach is a substantial failure to perform a term that is an essential element of the agreement; or        (3)    The circumstances, including the language of the agreement, the reasonable expectations of the parties, the standards and practices of the business, trade, or industry, and the character of the breach, indicate that:            (A)    The breach caused or is likely to cause substantial harm to the aggrieved party; or            (B)    The breach substantially deprived or is likely substantially to deprive the aggrieved party of a significant benefit it reasonably expected under the contract.    (c)    The cumulative effect of nonmaterial breaches may be material.
MD. Commercial Law Code Ann. §  22-702 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 7 - Breach of Contract; General; Defective Copies; Repudiation and Assurances|Section 22-702 - Waiver of Remedy for Breach of Contract

    (a)    A claim or right arising out of a breach of contract may be discharged in whole or part without consideration by a waiver in a record to which the party making the waiver agrees after breach, such as by manifesting assent, or which the party making the waiver authenticates and delivers to the other party.    (b)    A party that accepts a performance with knowledge that the performance constitutes a breach of contract and, within a reasonable time after acceptance, does not notify the other party of the breach waives all remedies for the breach, unless acceptance was made on the reasonable assumption that the breach would be cured and it has not been seasonably cured. However, a party that seasonably notifies the other party of a reservation of rights does not waive the rights reserved.    (c)    A party that refuses a performance and fails to identify a particular defect that is ascertainable by reasonable inspection waives the right to rely on that defect to justify refusal only if:        (1)    The other party could have cured the defect if it were identified seasonably; or        (2)    Between merchants, the other party after refusal made a request in a record for a full and final statement of all defects on which the refusing party relied.    (d)    Waiver of a remedy for breach of contract in one performance does not waive any remedy for the same or a similar breach in future performances unless the party making the waiver expressly so states.    (e)    A waiver may not be retracted as to the performance to which the waiver applies.    (f)    Except for a waiver in accordance with subsection (a) of this section or a waiver supported by consideration, a waiver affecting an executory portion of a contract may be retracted by seasonable notice received by the other party that strict performance will be required in the future, unless the retraction would be unjust in view of a material change of position in reliance on the waiver by that party.
MD. Commercial Law Code Ann. §  22-703 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 7 - Breach of Contract; General; Defective Copies; Repudiation and Assurances|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 believe the performance would be acceptable with or without monetary allowance, seasonably notifies the aggrieved party of its intent to cure, and provides a conforming performance within a further reasonable time after performance was due; or        (3)    In a case not governed by paragraph (1) or (2) of this subsection, the party in breach seasonably notifies the aggrieved party of its intent to cure and promptly provides a conforming performance before cancellation by the aggrieved party.    (b)    In a license other than in a mass-market transaction, if the agreement required a single delivery of a copy and the party receiving tender of delivery was required to accept a nonconforming copy because the nonconformity was not a material breach of contract, the party in breach shall promptly and in good faith make an effort to cure if:        (1)    The party in breach receives seasonable notice of the specific nonconformity and a demand for cure of it; and        (2)    The cost of the effort to cure does not disproportionately exceed the direct damages caused by the nonconformity to the aggrieved party.    (c)    A party may not cancel a contract or refuse a performance because of a breach of contract that has been seasonably cured under subsection (a) of this section. However, notice of intent to cure does not preclude refusal or cancellation for the uncured breach.
MD. Commercial Law Code Ann. §  22-704 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 7 - Breach of Contract; General; Defective Copies; Repudiation and Assurances|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 for only a single tender of a copy, a licensee may refuse the tender if the tender does not conform to the contract.    (c)    Refusal of a tender is ineffective unless:        (1)    It is made before acceptance;        (2)    It is made within a reasonable time after tender or completion of any permitted effort to cure; and        (3)    The refusing party seasonably notifies the tendering party of the refusal.    (d)    Except in a case governed by subsection (b) of this section, a party that rightfully refuses tender of a copy may cancel the contract only if the tender was a material breach of the whole contract or the agreement so provides.
MD. Commercial Law Code Ann. §  22-705 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 7 - Breach of Contract; General; Defective Copies; Repudiation and Assurances|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 the contract.        (2)    In a case governed by paragraph (1) of this subsection, the tendering party may cure the breach by seasonably providing a conforming copy before the breach becomes material as to the whole contract.        (3)    A breach that is material with respect to a copy allows cancellation of the contract only if the breach cannot be seasonably cured and is a material breach of the whole contract.
MD. Commercial Law Code Ann. §  22-706 (2021)
2021 Maryland Statutes|Commercial Law|Title 22 - Maryland Uniform Computer Information Transactions Act|Subtitle 7 - Breach of Contract; General; Defective Copies; Repudiation and Assurances|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.    (b)    On rightful refusal or revocation of acceptance of a copy, the following rules apply to the extent consistent with § 22-802 of this title:        (1)    Any use, sale, display, performance, or transfer of the copy or information it contains, or any failure to comply with a contractual use term, is a breach of contract. The licensee shall pay the licensor the reasonable value of any use. However, use for a limited time within contractual use terms is not a breach, and is not an acceptance under § 22-609(a)(5) of this title, if it:            (A)    Occurs after the tendering party is seasonably notified of refusal;            (B)    Is not for distribution and is solely part of measures reasonable under the circumstances to avoid or reduce loss; and            (C)    Is not contrary to instructions concerning disposition of the copy received from the party in breach.        (2)    A party that refuses a copy shall:            (A)    Deliver the copy and all copies made of it, all access materials, and documentation pertaining to the refused information to the tendering party or hold them with reasonable care for a reasonable time for disposal at that party’s instructions; and            (B)    Follow reasonable instructions of the tendering party for returning or delivering copies, access material, and documentation, but instructions are not reasonable if the tendering party does not arrange for payment of or reimbursement for reasonable expenses of complying with the instructions.        (3)    If the tendering party does not give instructions within a reasonable time after being notified of refusal, the refusing party, in a reasonable manner to reduce or avoid loss, may store the copies, access material, and documentation for the tendering party’s account or ship them to the tendering party and is entitled to reimbursement for reasonable costs of storage and shipment.        (4)    Both parties remain bound by all contractual use terms that would have been enforceable had the performance not been refused.        (5)    In complying with this section, the refusing party shall act in good faith. Conduct in good faith under this section is not acceptance or conversion and may not be a ground for an action for damages under the contract.