§ 22-616. Termination: Survival of obligations

MD Comm L Code § 22-616 (2019) (N/A)
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(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.