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§12A-2A-506.
§12A-2A-506.
STATUTE OF LIMITATIONS
(1) An action for default under a lease contract, including breach of
warranty or indemnity, must be commenced within four (4) years after
the cause of action accrued. By the original lease contract the
parties may reduce the period of limitation to not less than one (1)
year.
(2) A cause of action for default accrues when the act or omission on
which the default or breach of warranty is based is or should have
been discovered by the aggrieved party, or when the default occurs,
whichever is later. A cause of action for indemnity accrues when the
act or omission on which the claim for indemnity is based is or should
have been discovered by the indemnified party, whichever is later.
(3) If an action commenced within the time limited by subsection (1)
of this section is so terminated as to leave available a remedy by
another action for the same default or breach of warranty or
indemnity, the other action may be commenced after the expiration of
the time limited and within six (6) months after the termination of
the first action unless the termination resulted from voluntary
discontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the statute of
limitations nor does it apply to causes of action that have accrued
before this article becomes effective.
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