This is an unofficial draft of Article 2B from April 15, 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm

SECTION 2B-714. RIGHT TO DISCONTINUE. Notwithstanding Section 2B-715 and 716, in an access contract, in the event of a material breach of contract or if the agreement so provides, a party may discontinue all contractual rights of access of the breaching party in breach and direct any third other person that is assisting the performance of the contract to discontinue its performance.

1. Right to Deny Access. This section deals with the right of a party in an access contract to stop performance under two significant circumstances. The ability to act quickly in an access contract is potentially critical to party's ability to avoid continuing liability risk, as might occur where the basis of the breach includes use of the access system to distribute infringing, libelous, or otherwise damaging material. It corresponds to current common law principles regarding access to facilities - treating these as arrangements subject to cancellation at will by the party who controls the facility unless the contract otherwise provides. The right to discontinue is recognized in licenses whose basic nature entails a contractual permission to access or use a resource owned or controlled by the licensor. In such cases, the contract will be treated as subject to termination a will (even without a breach). See Ticketron Ltd. Partnership v. Flip Side, Inc., No. 92-C-0911, 1993 WESTLAW 214164 (ND Ill. June 17, 1993) (termination of access to ticket services through licensor owned facilities). This right is independent of Sections 2B-715 and 716.