2013 Maryland Code
COMMERCIAL LAW
§ 22-616 - Termination: Survival of obligations


MD Comm L Code § 22-616 (2013) What's This?

§22-616.

(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.

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