16-16-704 - Remedies for breach of contract.

16-16-704. Remedies for breach of contract.
(1) Damages to be paid to a limited cooperative association for breach or anticipatoryrepudiation of a marketing contract may be liquidated, but only at an amount or under a formulathat 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 orotherwise, 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 anassociation under law other than this chapter.

Enacted by Chapter 363, 2008 General Session