Sec. 23. (a) A person is not liable for damages to any person, and is not subject to any claim or request for equitable relief, arising out of or related to:

(1) the selection or use of a recommended benchmark replacement; or

Terms Used In Indiana Code 28-10-2-23

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • benchmark: means an index of interest rates or dividend rates that is used, in whole or in part, as the basis of, or as a reference for, calculating or determining any valuation, payment, or other measurement under or with respect to a contract, security, or instrument. See Indiana Code 28-10-2-2
  • benchmark replacement: means :

    Indiana Code 28-10-2-3

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2) the determination, implementation, or performance of benchmark replacement conforming changes;

by operation of this chapter, and an action described in subdivision (1) or (2) does not give rise to any claim or cause of action in law or in equity.

     (b) An action described in subsection (a)(1) or (a)(2) that occurs by operation of this chapter does not:

(1) constitute an amendment or a modification of any contract, security, or instrument; or

(2) prejudice, impair, or affect any person’s rights, interests, or obligations under or with respect to any contract, security, or instrument.

As added by P.L.67-2022, SEC.1.