(805 ILCS 315/19) (from Ch. 32, par. 458)
Sec. 19.
(a) The by-laws or the marketing contract may fix, as liquidated
damages, specific sums to be paid by the members or stockholders to the
association upon the breach by him or her of any provision of the marketing
contract regarding the sale or delivery or withholding of products; and may
further provide that the member will pay all costs, premiums for bonds,
expenses and fees, in case any action is brought upon the contract by the
association; and any of such provisions shall be valid and enforceable in the
courts of this State and such clauses providing for liquidated damages
shall be enforceable as such and shall not be regarded as penalties.
(b) In the event of any such breach or threatened breach of such
marketing contract by a member, the association shall be entitled to
injunctive relief to prevent the further breach of the contract and to a judgment of
specific performance thereof. Pending the adjudication of such an action
and upon filing a verified complaint showing the breach or threatened
breach, and upon filing a sufficient bond, the association shall be
entitled to a temporary restraining order and preliminary injunction
against the member.
(Source: P.A. 84-1308.)
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