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§12A-5-111.


§12A-5-111.
   
   Remedies.
   
   (a) If an issuer wrongfully dishonors or repudiates its obligation to
   pay money under a letter of credit before presentation, the
   beneficiary, successor, or nominated person presenting on its own
   behalf may recover from the issuer the amount that is the subject of
   the dishonor or repudiation. If the issuer's obligation under the
   letter of credit is not for the payment of money, the claimant may
   obtain specific performance or, at the claimant's election, recover an
   amount equal to the value of performance from the issuer. In either
   case, the claimant may also recover incidental but not consequential
   damages. The claimant is not obligated to take action to avoid damages
   that might be due from the issuer under this subsection. If, although
   not obligated to do so, the claimant avoids damages, the claimant's
   recovery from the issuer must be reduced by the amount of damages
   avoided. The issuer has the burden of proving the amount of damages
   avoided. In the case of repudiation the claimant need not present any
   document.
   
   (b) If an issuer wrongfully dishonors a draft or demand presented
   under a letter of credit or honors a draft or demand in breach of its
   obligation to the applicant, the applicant may recover damages
   resulting from the breach, including incidental but not consequential
   damages, less any amount saved as a result of the breach.
   
   (c) If an adviser or nominated person other than a confirmer breaches
   an obligation under this article or an issuer breaches an obligation
   not covered in subsection (a) or (b) of this section, a person to whom
   the obligation is owed may recover damages resulting from the breach,
   including incidental but not consequential damages, less any amount
   saved as a result of the breach. To the extent of the confirmation, a
   confirmer has the liability of an issuer specified in this subsection
   and subsections (a) and (b) of this section.
   
   (d) An issuer, nominated person, or adviser who is found liable under
   subsection (a), (b), or (c) of this section shall pay interest on the
   amount owed thereunder from the date of wrongful dishonor or other
   appropriate date.
   
   (e) Reasonable attorney's fees and other expenses of litigation must
   be awarded to the prevailing party in an action in which a remedy is
   sought under this article.
   
   (f) Damages that would otherwise be payable by a party for breach of
   an obligation under this article may be liquidated by agreement or
   undertaking, but only in an amount or by a formula that is reasonable
   in light of the harm anticipated.
   

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