NCO FINANCIAL SYSTEMS, INC., now known as EGS Financial Care, Inc., Plaintiff - Appellee, v. MONTGOMERY PARK, LLC, Defendant - Appellant.NCO FINANCIAL SYSTEMS, INC., now known as EGS Financial Care, Inc., Plaintiff - Appellant, v. MONTGOMERY PARK, LLC, Defendant - Appellee., 842 F.3d 816

Summary

HOLDINGS: [1]-A lease construed under Maryland law imposed two conditions on the tenant's exercise of its right of early termination -- timely notice and timely payment of the termination fee. Because the tenant failed to make full payment of the termination fee, it did not satisfy those conditions, and therefore did not successfully exercise the right of early termination; [2]-Because the tenant failed effectively to exercise its right of early termination, the lease continued in force after March 15, 2011, and the landlord was entitled to pursue its counterclaim against the tenant for breach of the lease agreement for failing to pay rent; [3]-The district court did not err in its construction of the lease, and its finding that disputed areas were used and possessed exclusively by the tenant was not clearly erroneous.