Home Table of Contents

§ 23-102. Conflicts between express and implied terms; specific performance

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 23. Operating Agreements--Hotels and Retirement Communities
MD Code, Commercial Law, § 23-102
§ 23-102. Conflicts between express and implied terms; specific performance
Currentness
(a) If a conflict exists between the express terms and conditions of an operating agreement and the terms and conditions implied by the law governing the relationship between a principal and agent, the express terms and conditions of the operating agreement shall govern.
(b) A court may order the remedy of specific performance for anticipatory or actual breach or attempted or actual termination of an operating agreement notwithstanding the existence of an agency relationship between the parties to the operating agreement.

Credits

Added by Acts 2004, c. 292, § 1, eff. Oct. 1, 2004.
MD Code, Commercial Law, § 23-102, MD COML § 23-102
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document