reglab/housing_qa huggingface dataset:
VA Code § 59.1-507.6 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.6. Copy; duties upon rightful refusal

(a) Except as otherwise provided in this section, after rightful refusal or revocation of acceptance of a copy, the following rules apply:(1) If the refusing party rightfully cancels the contract, § 59.1-508.2 applies and all contractual use terms continue.(2) If the contract is not canceled, the parties remain bound by all contractual obligations.(b) On rightful refusal or revocation of acceptance of a copy, the following rules apply to the extent consistent with § 59.1-508.2:(1) Any use, sale, display, performance, or transfer of the copy or information it contains, or any failure to comply with a contractual use term, is a breach of contract. The licensee shall pay the licensor the reasonable value of any use. However, use for a limited time within contractual use terms is not a breach, and is not an acceptance under § 59.1-506.9 (a) (5), if it:(A) occurs after the tendering party is seasonably notified of refusal;(B) is not for distribution and is solely part of measures reasonable under the circumstances to avoid or reduce loss; and(C) is not contrary to instructions concerning disposition of the copy received from the party in breach.(2) A party that refuses a copy shall:(A) deliver the copy and all copies made of it, all access materials, and documentation pertaining to the refused information to the tendering party or hold them with reasonable care for a reasonable time for disposal at that party's instructions; and(B) follow reasonable instructions of the tendering party for returning or delivering copies, access material, and documentation, but instructions are not reasonable if the tendering party does not arrange for payment of or reimbursement for reasonable expenses of complying with the instructions.(3) If the tendering party does not give instructions within a reasonable time after being notified of refusal, the refusing party, in a reasonable manner to reduce or avoid loss, may store the copies, access material, and documentation for the tendering party's account or ship them to the tendering party and is entitled to reimbursement for reasonable costs of storage and shipment.(4) Both parties remain bound by all contractual use terms that would have been enforceable had the performance not been refused.(5) In complying with this section, the refusing party shall act in good faith. Conduct in good faith under this section is not acceptance or conversion and may not be a ground for an action for damages under the contract.2000, cc. 101, 996.
VA Code § 59.1-507.7 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.7. Copy; revocation of acceptance

(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it:(1) on the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured;(2) during a continuing effort by the party in breach at adjustment and cure, and the breach was not seasonably cured; or(3) without discovery of the nonconformity, if acceptance was reasonably induced either by the other party's assurances or by the difficulty of discovery before acceptance.(b) Revocation of acceptance is not effective until the revoking party notifies the other party of the revocation.(c) Revocation of acceptance of a copy is precluded if:(1) it does not occur within a reasonable time after the party attempting to revoke discovers or should have discovered the grounds for it;(2) it occurs after a substantial change in condition not caused by defects in the information, such as after the party commingles the information in a manner that makes its return impossible; or(3) the party attempting to revoke received a substantial benefit or value from the information, and the benefit or value cannot be returned.(d) A party that rightfully revokes has the same duties and is under the same restrictions as if the party had refused tender of the copy.2000, cc. 101, 996.
VA Code § 59.1-507.8 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.8. Adequate assurance of performance

(a) A contract imposes an obligation on each party not to impair the other's expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may:(1) demand in a record adequate assurance of due performance; and(2) until that assurance is received, if commercially reasonable, suspend any performance, other than with respect to contractual use terms, for which the agreed return performance has not been received.(b) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered is determined according to commercial standards.(c) Acceptance of any improper delivery or payment does not impair an aggrieved party's right to demand adequate assurance of future performance.(d) After receipt of a justified demand under subsection (a), failure, within a reasonable time not exceeding thirty days, to provide assurance of due performance which is adequate under the circumstances of the particular case is a repudiation of the contract under § 59.1-507.9.2000, cc. 101, 996.
VA Code § 59.1-507.9 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.9. Anticipatory repudiation

(a) If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may:(1) await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if it has urged the repudiating party to retract the repudiation or has notified the repudiating party that it would await its performance; and(2) in either case, suspend its own performance or proceed in accordance with § 59.1-508.12 or § 59.1-508.13, as applicable.(b) Repudiation includes language that one party will not or cannot make a performance still due under the contract or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible.2000, cc. 101, 996.
VA Code § 59.1-507.10 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.10. Retraction of anticipatory repudiation

(a) A repudiating party may retract its repudiation until its next performance is due unless the aggrieved party, after the repudiation, has canceled the contract, materially changed its position, or otherwise indicated that it considers the repudiation final.(b) A retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform the contract. However, a retraction must contain any assurance justifiably demanded under § 59.1-507.8.(c) Retraction restores a repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay caused by the repudiation.2000, cc. 101, 996.
VA Code § 59.1-507.11 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.11. Reserved

Reserved.
VA Code § 59.1-508.1 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.1. Remedies in general

(a) The remedies provided in this chapter are cumulative, but a party may not recover more than once for the same loss.(b) Except as otherwise provided in §§ 59.1-508.3 and 59.1-508.4, if a party is in breach of contract, whether or not the breach is material, the aggrieved party has the remedies provided in the agreement or this chapter, but the aggrieved party shall continue to comply with any contractual use terms with respect to information or copies received from the other party, but the contractual use terms do not apply to information or copies properly received or obtained from another source.(c) Rescission or a claim for rescission of the contract, or refusal of the information, does not preclude and is not inconsistent with a claim for damages or other remedy.2000, cc. 101, 996.
VA Code § 59.1-508.2 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.2. Cancellation

(a) An aggrieved party may cancel a contract if there is a material breach that has not been cured or waived or the agreement allows cancellation for the breach.(b) Cancellation is not effective until the canceling party gives notice of cancellation to the party in breach, unless a delay required to notify the party would cause or threaten material harm or loss to the aggrieved party. The notification may be in any form reasonable under the circumstances. However, in an access contract, a party may cancel rights of access without notice.(c) On cancellation, the following rules apply:(1) If a party is in possession or control of licensed information, documentation, materials, or copies of licensed information, the following rules apply:(A) A party that has rightfully refused a copy shall comply with § 59.1-507.6 (b) as to the refused copy.(B) A party in breach of contract which would be subject to an obligation to deliver under § 59.1-506.18, shall deliver all information, documentation, materials, and copies to the other party or hold them with reasonable care for a reasonable time for disposal at that party's instructions. The party in breach of contract shall follow any reasonable instructions received from the other party.(C) Except as otherwise provided in subparagraphs (A) and (B), the party shall comply with § 59.1-506.18.(2) All obligations that are executory on both sides at the time of cancellation are discharged, but the following survive:(A) any right based on previous breach or performance; and(B) the rights, duties, and remedies described in § 59.1-506.16 (b).(3) Cancellation of a license by the licensor ends any contractual right of the licensee to use the information, informational rights, copies, or other materials.(4) Cancellation of a license by the licensee ends any contractual right to use the information, informational rights, copies, or other materials, but the licensee may use the information for a limited time after the license has been canceled if the use:(A) is within contractual use terms;(B) is not for distribution and is solely part of measures reasonable under the circumstances to avoid or reduce loss; and(C) is not contrary to instructions received from the party in breach concerning disposition of them.(5) The licensee shall pay the licensor the reasonable value of any use after cancellation permitted under paragraph (4).(6) The obligations under this subsection apply to all information, informational rights, documentation, materials, and copies received by the party and any copies made therefrom.(d) A term providing that a contract may not be canceled precludes cancellation but does not limit other remedies.(e) Unless a contrary intention clearly appears, an expression such as "cancellation," "rescission," or the like may not be construed as a renunciation or discharge of a claim in damages for an antecedent breach.2000, cc. 101, 996.
VA Code § 59.1-508.3 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.3. Contractual modification of remedy

(a) Except as otherwise provided in this section and in § 59.1-508.4:(1) an agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter or a party's other remedies under this chapter, such as by precluding a party's right to cancel for breach of contract, limiting remedies to returning or delivering copies and repayment of the contract fee, or limiting remedies to repair or replacement of the nonconforming copies; and(2) resort to a contractual remedy is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.(b) Subject to subsection (c), if performance of an exclusive or limited remedy causes the remedy to fail of its essential purpose, the aggrieved party may pursue other remedies under this chapter.(c) Failure or unconscionability of an agreed exclusive or limited remedy makes a term disclaiming or limiting consequential or incidental damages unenforceable unless the agreement expressly makes the disclaimer or limitation independent of the agreed remedy.(d) Consequential damages and incidental damages may be excluded or limited by agreement unless the exclusion or limitation is unconscionable. Exclusion or limitation of consequential damages for personal injury in a consumer contract for a computer program that is subject to this chapter and is contained in consumer goods is prima facie unconscionable, but exclusion or limitation of damages for a commercial loss is not unconscionable.2000, cc. 101, 996.
VA Code § 59.1-508.4 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.4. Liquidation of damages

(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of:(1) the loss anticipated at the time of contracting;(2) the actual loss; or(3) the actual or anticipated difficulties of proving loss in the event of breach.(b) If a term liquidating damages is unenforceable under this subsection, the aggrieved party may pursue the remedies provided in this chapter, except as limited by other terms of the contract.(c) If a party justifiably withholds delivery of copies because of the other party's breach of contract, the party in breach is entitled to restitution for any amount by which the sum of the payments it made for the copies exceeds the amount of the liquidated damages payable to the aggrieved party in accordance with subsection (a). The right to restitution is subject to offset to the extent that the aggrieved party establishes:(1) a right to recover damages other than under subsection (a); and(2) the amount or value of any benefits received by the party in breach, directly or indirectly, by reason of the contract.(d) A term that does not liquidate damages, but that limits damages available to the aggrieved party, must be evaluated under § 59.1-508.3.2000, cc. 101, 996.
VA Code § 59.1-508.5 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.5. Limitation of actions

(a) Except as otherwise provided in subsection (b), an action for breach of contract must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues.(b) If the original agreement of the parties alters the period of limitations, the following rules apply:(1) The parties may reduce the period of limitation to not less than one year after the right of action accrues but may not extend it.(2) In a consumer contract, the period of limitation may not be reduced.(c) Except as otherwise provided in subsection (d), a right of action accrues when the act or omission constituting a breach of contract occurs, even if the aggrieved party did not know of the breach. A right of action for breach of warranty accrues when tender of delivery of a copy pursuant to § 59.1-506.6, or access to the information, occurs. However, if the warranty expressly extends to future performance of the information or a copy, the right of action accrues when the performance fails to conform to the warranty, but not later than the date the warranty expires.(d) In the following cases, a right of action accrues on the later of the date the act or omission constituting the breach of contract occurred or the date on which it was or should have been discovered by the aggrieved party, but not earlier than the date for delivery of a copy if the claim relates to information in the copy:(1) a breach of warranty against third-party claims for:(A) infringement or misappropriation; or(B) libel, slander, or the like;(2) a breach of contract involving a party's disclosure or misuse of confidential information; or(3) a failure to provide an indemnity or to perform another obligation to protect or defend against a third-party claim.(e) If an action commenced within the period of limitation is so concluded as to leave available a remedy by another action for the same breach of contract, the other action may be commenced after expiration of the period of limitation if the action is commenced within six months after conclusion of the first action, unless the action was concluded as a result of voluntary discontinuance or dismissal for failure or neglect to prosecute.(f) This section does not alter the law on tolling of the statute of limitations and does not apply to a right of action that accrued before the effective date of this chapter.2000, cc. 101, 996.
VA Code § 59.1-508.6 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.6. Remedies for fraud

Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach of contract.2000, cc. 101, 996.
VA Code § 59.1-508.7 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.7. Measurement of damages in general

(a) Except as otherwise provided in the contract, an aggrieved party may not recover compensation for that part of a loss which could have been avoided by taking measures reasonable under the circumstances to avoid or reduce loss. The burden of establishing a failure of the aggrieved party to take measures reasonable under the circumstances is on the party in breach of contract.(b) A party may not recover:(1) consequential damages for losses resulting from the content of published informational content unless the agreement expressly so provides; or(2) damages that are speculative.(c) The remedy for breach of contract for disclosure or misuse of information that is a trade secret or in which the aggrieved party has a right of confidentiality includes as consequential damages compensation for the benefit obtained as a result of the breach.(d) For purposes of this chapter, market value is determined as of the date of breach of contract and the place for performance.(e) Damages or expenses that relate to events after the date of entry of judgment must be reduced to their present value as of that date. In this subsection, "present value" means the amount, as of a date certain, of one or more sums payable in the future or the value of one or more performances due in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties in their agreement unless that rate was manifestly unreasonable when the agreement was entered into. Otherwise, the discount is determined by a commercially reasonable rate that takes into account the circumstances of each case when the agreement was entered into.2000, cc. 101, 996.
VA Code § 59.1-508.8 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.8. Licensor's damages

(a) In this section, "substitute transaction" means a transaction by the licensor which would not have been possible except for the licensee's breach and which transaction is for the same information or informational rights with the same contractual use terms as the transaction to which the licensee's breach applies.(b) Except as otherwise provided in § 59.1-508.7, a breach of contract by a licensee entitles the licensor to recover the following compensation for losses resulting in the ordinary course from the breach, less expenses avoided as a result of the breach, to the extent not otherwise accounted for under this subsection:(1) damages measured in any combination of the following ways but not to exceed the contract fee and the market value of other consideration required under the contract for the performance that was the subject of the breach:(A) the amount of accrued and unpaid contract fees and the market value of other consideration earned but not received for:(i) any performance accepted by the licensee; and(ii) any performance to which § 59.1-506.4 applies;(B) for performances not governed by subparagraph (A), if the licensee repudiated or wrongfully refused the performance or the licensor rightfully canceled and the breach makes possible a substitute transaction, the amount of loss as determined by contract fees and the market value of other consideration required under the contract for the performance less:(i) the contract fees and market value of other consideration received from an actual and commercially reasonable substitute transaction entered into by the licensor in good faith and without unreasonable delay; or(ii) the market value of a commercially reasonable hypothetical substitute transaction;(C) for performances not governed by subparagraph (A), if the breach does not make possible a substitute transaction, lost profit, including reasonable overhead, that the licensor would have realized on acceptance and full payment for performance that was not delivered to the licensee because of the licensee's breach; or(D) damages calculated in any reasonable manner; and(2) consequential and incidental damages.2000, cc. 101, 996.
VA Code § 59.1-508.9 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-508.9. Licensee's damages

(a) Subject to subsection (b) and except as otherwise provided in § 59.1-508.7, a breach of contract by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract, less expenses avoided as a result of the breach to the extent not otherwise accounted for under this section:(1) damages measured in any combination of the following ways, but not to exceed the market value of the performance that was the subject of the breach plus restitution of any amounts paid for performance not received and not accounted for within the indicated recovery:(A) with respect to performance that has been accepted and the acceptance not rightfully revoked, the value of the performance required less the value of the performance accepted as of the time and place of acceptance;(B) with respect to performance that has not been rendered or that was rightfully refused or acceptance of which was rightfully revoked:(i) the amount of any payments made and the value of other consideration given to the licensor with respect to that performance and not previously returned to the licensee;(ii) the market value of the performance less the contract fee for that performance; or(iii) the cost of a commercially reasonable substitute transaction less the contract fee under the breached contract, if the substitute transaction was entered into by the licensee in good faith and without unreasonable delay for substantially similar information with the same contractual use terms; or(C) damages calculated in any reasonable manner; and(2) incidental and consequential damages.(b) The amount of damages must be reduced by any unpaid contract fees for performance by the licensor which has been accepted by the licensee and as to which the acceptance has not been rightfully revoked.2000, cc. 101, 996.