272A.7-040 Remedies for breach of marketing 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 assessed as of the time of the making of the marketing contract. A provision that so provides is not a penalty or otherwise unreasonable. (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. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 160, sec. 53, effective July 12, 2012.
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