C.R.S. Section 7-56-503
Remedies for breach of marketing or purchasing contract

(1)

The bylaws or the marketing or purchasing contracts of an agricultural cooperative may fix as liquidated damages specific sums to be paid by a member to the cooperative upon the breach by the member of any provision of the marketing or purchasing contract regarding the sale, purchase, receipt, or delivery or withholding of products or other goods and may further provide that the member will pay all costs, premiums for bonds, expenses, and fees if any action is brought upon the contract by the cooperative. All such provisions shall be valid and enforceable in the courts of this state, and clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.

(2)

In the event of any breach or threatened breach of a marketing or purchasing contract by a member, the cooperative shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance of the contract. Pending the adjudication of the action and upon filing a sufficient bond and verified complaint showing the breach or threatened breach, the cooperative shall be entitled to a temporary restraining order and preliminary injunction against the member.

(3)

In any action upon a marketing contract, it shall be conclusively presumed that a landowner, landlord, or lessor is able to control the delivery of products or other goods produced on such landowner’s, landlord’s, or lessor’s land by tenants or others whose tenancy or possession or work on such land or the terms of whose tenancy or possession or labor on such land was created or changed after execution by the landowner, landlord, or lessor of such marketing contract. The remedies provided in this section for nondelivery or breach shall lie and be enforceable against such landowner, landlord, or lessor in any such action upon a marketing contract.

Source: Section 7-56-503 — Remedies for breach of marketing or purchasing contract, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-07.­pdf (accessed Oct. 20, 2023).

7‑56‑101
Short title 7‑56‑102
Legislative declaration 7‑56‑103
Definitions 7‑56‑104
Filings by the secretary of state 7‑56‑106
Periodic and other reports 7‑56‑107
Cooperative records 7‑56‑201
Articles of incorporation 7‑56‑202
Amendment of articles 7‑56‑203
Restated articles 7‑56‑204
Cooperatives desiring to relinquish provisions of this article 7‑56‑205
Entities formed under other law but subject to this article 7‑56‑208
Bylaws 7‑56‑209
Agricultural marketing cooperatives 7‑56‑210
Renewable energy cooperatives 7‑56‑301
Members 7‑56‑302
Member meetings - how called - notice 7‑56‑303
Members’ list for meeting 7‑56‑304
Quorum 7‑56‑305
Member voting 7‑56‑306
Reserves, distributions, and patronage refunds 7‑56‑307
Inspection of cooperative records by member 7‑56‑308
Scope of member’s inspection right 7‑56‑309
Court-ordered inspection 7‑56‑401
Directors - elections - remuneration - vacancy 7‑56‑402
Officers - titles - election - duties and authority - removal 7‑56‑403
Procedures for meetings of the board of directors 7‑56‑404
Removal of director by the membership or the board 7‑56‑405
Removal of director by judicial proceeding 7‑56‑406
Indemnification and personal liability of directors, officers, employees, and agents 7‑56‑407
Persons to be bonded 7‑56‑409
Registered agent - service of process 7‑56‑501
Powers 7‑56‑502
Marketing or purchasing contracts 7‑56‑503
Remedies for breach of marketing or purchasing contract 7‑56‑504
Inducing breach of marketing or purchasing contract 7‑56‑505
Purchases of property or other interests 7‑56‑506
Warehouse receipts - interest in warehouse entities 7‑56‑507
Application of other laws 7‑56‑508
Cooperatives not in restraint of trade 7‑56‑509
Exemption from securities laws 7‑56‑510
Renewable energy cooperatives - powers 7‑56‑601
Encumbering property 7‑56‑602
Merger, conversion, or consolidation or share or equity capital exchange 7‑56‑603
Procedure for consolidation, share or equity capital exchange, conversion, and merger 7‑56‑604
Merger of parent and subsidiary 7‑56‑604.5
Statement of merger or conversion 7‑56‑605
Statement of consolidation or share or equity capital exchange 7‑56‑606
Effect of merger, conversion, consolidation, or share or equity capital exchange 7‑56‑606.5
Merger with foreign entity 7‑56‑607
Consolidation or share or equity capital exchange with foreign business 7‑56‑608
Dissenters’ rights - definitions 7‑56‑609
Sale or other disposition of property without member approval 7‑56‑610
Sale or other disposition of property requiring member approval 7‑56‑701
Authorization of dissolution before issuance of memberships 7‑56‑702
Authorization of dissolution after issuance of memberships 7‑56‑703
Articles of dissolution 7‑56‑705
Effect of dissolution 7‑56‑714
Grounds for judicial dissolution 7‑56‑715
Procedure for judicial dissolution 7‑56‑716
Receivership or custodianship 7‑56‑717
Decree of dissolution 7‑56‑718
Certain assignments of assets in dissolution 7‑56‑801
Authority to transact business or conduct activities required 7‑56‑802
Registered agent - service of process 7‑56‑901
Application to existing cooperatives
Green check means up to date. Up to date

Current through Fall 2024

§ 7-56-503’s source at colorado​.gov