16-16-704. Remedies for breach of contract.
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16-16-704. Remedies for breach of contract.
(1)Damages to be paid to a limited cooperative association for breach or anticipatory repudiation of a marketing contract may be liquidated, but only at an amount or under a formula that is reasonable in light of the actual or anticipated harm caused by the breach or repudiation. A provision that so provides is not a penalty.
(2)Upon a breach of a marketing contract, whether by anticipatory repudiation or otherwise, a limited cooperative association may seek:
(a)an injunction to prevent further breach; and
(b)specific performance.
(3)The remedies in this section are in addition to any other remedies available to an association under law other than this chapter.
Enacted by Chapter 363 , 2008 General Session