(a) Delivery of a copy must be at the location designated by agreement. In the absence of a designation, the following rules apply:
(1) The place for delivery of a copy on a tangible medium is the tendering party’s place of business or, if it has none, its residence. However, if the parties know at the time of contracting that the copy is located in some other place, that place is the place for delivery.
(2) The place for electronic delivery of a copy is an information processing system designated or used by the licensor.
(3) Documents of title may be delivered through customary banking channels.
(b) Tender of delivery of a copy requires the tendering party to put and hold a conforming copy at the other party’s disposition and give the other party any notice reasonably necessary to enable it to obtain access to, control, or possession of the copy. Tender must be at a reasonable hour and, if applicable, requires tender of access material and other documents required by the agreement. The party receiving tender shall furnish facilities reasonably suited to receive tender. In addition, the following rules apply:
(1) If the contract requires delivery of a copy held by a third person without being moved, the tendering party shall tender access material or documents required by the agreement.
(2) If the tendering party is required or authorized to send a copy to the other party and the contract does not require the tendering party to deliver the copy at a particular destination, the following rules apply:
(A) In tendering delivery of a copy on a tangible medium, the tendering party shall put the copy in the possession of a carrier and make a contract for its transportation that is reasonable in light of the nature of the information and other circumstances, with expenses of transportation to be borne by the receiving party.
(B) In tendering electronic delivery of a copy, the tendering party shall initiate or cause to have initiated a transmission that is reasonable in light of the nature of the information and other circumstances, with expenses of transmission to be borne by the receiving party.
(3) If the tendering party is required to deliver a copy at a particular destination, the tendering party shall make a copy available at that destination and bear the expenses of transportation or transmission.
Structure Maryland Statutes
Title 22 - Maryland Uniform Computer Information Transactions Act
Section 22-601 - Performance of Contract in General
Section 22-602 - Licensor's Obligation to Enable Use
Section 22-603 - Submissions of Information to Satisfaction of a Party
Section 22-604 - Immediately Completed Performance
Section 22-605 - Electronic Regulation of Performance
Section 22-606 - Copy: Delivery; Tender of Delivery
Section 22-607 - Copy: Performance Related to Delivery; Payment
Section 22-608 - Copy: Right to Inspect; Payment Before Inspection
Section 22-609 - Copy: When Acceptance Occurs
Section 22-610 - Copy: Effect of Acceptance; Burden of Establishing; Notice of Claims
Section 22-611 - Access Contracts
Section 22-612 - Correction and Support Contracts
Section 22-613 - Contracts Involving Publishers, Dealers, and End Users
Section 22-614 - Risk of Loss of Copy
Section 22-615 - Excuse by Failure of Presupposed Conditions
Section 22-616 - Termination: Survival of Obligations