(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.

Terms Used In Utah Code 16-16-704

  • Contract: A legal written agreement that becomes binding when signed.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
(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

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