                                 CODE OF VIRGINIA

COPY; DELIVERY; TENDER OF DELIVERY (§ 59.1-506.6)

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&#8217;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&#8217;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.

HISTORY: 2000, cc. 101, 996.