reglab/housing_qa huggingface dataset:
15 OK Stat § 15-221 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-221. "Construction agreement" defined - Limitations on liability arising out of death or bodily injury void - Exceptions.

|A. For purposes of this section, “construction agreement” means a contract, subcontract, or agreement for construction, alteration, renovation, repair, or maintenance of any building, building site, structure, highway, street, highway bridge, viaduct, water or sewer system, or other works dealing with construction, or for any moving, demolition, excavation, materials, or labor connected with such construction. |B. Except as provided in subsection C or D of this section, any provision in a construction agreement that requires an entity or that entity’s surety or insurer to indemnify, insure, defend or hold harmless another entity against liability for damage arising out of death or bodily injury to persons, or damage to property, which arises out of the negligence or fault of the indemnitee, its agents, representatives, subcontractors, or suppliers, is void and unenforceable as against public policy.C. The provisions of this section do not affect any provision in a construction agreement that requires an entity or that entity’s surety or insurer to indemnify another entity against liability for damage arising out of death or bodily injury to persons, or damage to property, but such indemnification shall not exceed any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitor, its agents, representatives, subcontractors, or suppliers.D. This section shall not apply to construction bonds nor to contract clauses which require an entity to purchase a project-specific insurance policy, including owners’ and contractors’ protective liability insurance, project management protective liability insurance, or builder’s risk insurance.E. Any provision, covenant, clause or understanding in a construction agreement that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the agreement subject to the laws of another state, or that requires any litigation, arbitration or other dispute resolution proceeding arising from the agreement to be conducted in another state, is void and unenforceable.Added by Laws 2006, c. 323, § 1, eff. Nov. 1, 2006.
15 OK Stat § 15-221A (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-221A. Design professional services agreement defined – Limitations on liability arising out of death or bodily injury void - Exceptions.

|A. For purposes of this section, "design professional services agreement" means a contract, subcontract or agreement by any person or legal entity with an individual or legal entity possessing the qualifications to provide licensed architectural, licensed engineering, licensed land surveying services or other individuals or legal entities possessing specialized credentials and qualifications as may be needed to evaluate, plan or design for any construction project for the improvement of real property. |B. Except as provided in subsection C or D of this section, any provision in a design professional services agreement that requires an entity or that entity's insurer to indemnify, insure, defend or hold harmless another entity against liability for damage arising out of death or bodily injury to persons or damage to property which arises out of the negligence or fault of the indemnitee, its agents, representatives, subcontractors, suppliers or an entity for whom an indemnitor is not otherwise legally responsible is void and unenforceable.C. The provisions of this section do not affect any provision in a design professional services agreement that requires an entity or that entity's insurer to indemnify another entity against liability for damage arising out of death or bodily injury to persons or damage to property; provided, that a lawful indemnification shall not exceed an amount that is proportionate to the degree or percentage of negligence or fault for which the indemnitor and an entity for which the indemnitor is legally responsible are adjudicated liable.D. This section shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation.E. Any provision, covenant, clause or understanding in a design professional services agreement that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the agreement subject to the laws of another state, or that requires any litigation, arbitration or other dispute resolution proceeding arising from the agreement to be conducted in another state, is void and unenforceable.Added by Laws 2021, c. 153, § 1, eff. Nov. 1, 2021.
15 OK Stat § 15-222 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-222. Rental of goods or rental-related services - Automatic renewal provisions.

|No contract for the rental of goods or rental-related services where all or substantially all of the contract terms are drafted by the provider of such goods or services shall contain any automatic renewal provision that extends the initial term of the contract for any period longer than six (6) months, unless the contract provides the nondrafting party with the ability to terminate at any time during the renewal period without penalty by providing notice of not more than sixty (60) days. Nothing in this section shall be construed to prohibit the parties to the contract from entering into a new contract at the end of the initial term of the contract or at any time after an extension of the contract as provided by this section. |Added by Laws 2017, c. 241, § 2, eff. Nov. 1, 2017.
15 OK Stat § 15-231 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-231. Contract may be extinguished.

|A contract may be extinguished in like manner with any other obligation, and also in the manner prescribed by this article. |R.L.1910, § 982.
15 OK Stat § 15-232 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-232. Rescission extinguishes.

|A contract is extinguished by its rescission. |R.L.1910, § 983.
15 OK Stat § 15-233 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-233. Rescission - Cases when party may rescind.

|A party to a contract may rescind the same in the following cases only: |1. If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.2. If through the fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part.3. If such consideration becomes entirely void from any cause.4. If such consideration, before it is rendered to him,fails in a material respect, from any cause;5. By consent of all of the other parties; or6. If the party against whom rescission is sought violates the Oklahoma Consumer Protection Act, Section 751 et seq. of this title.R.L. 1910, § 984. Amended by Laws 1999, c. 175, § 1, eff. Nov. 1, 1999.
15 OK Stat § 15-233A (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-233A. Procedures in actions for rescission.

|Where the action, counter claim, cross claim or plea in intervention is timely brought for relief based on the theory of rescission, whether formerly the action would have been denominated rescission at law or rescission in equity, the service of a pleading on the adverse party shall be deemed sufficient notice of rescission and of an offer to restore the benefits received under the contract. The method of trial to be afforded shall depend on the relief to which the party who brought suit on the theory of rescission is entitled. |Laws 1971, c. 46, § 1, eff. Oct. 1, 1971.
15 OK Stat § 15-233B (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-233B. Form of relief in actions for rescission.

|In an action, counter claim, cross claim or plea in intervention based on the theory of rescission of a contract, the court shall adjust the equities between the parties, and although the action is tried to a jury, the court may require the party to whom relief based on rescission is granted to make that compensation to the other party which may be required. If the court determines that the contract may not be rescinded, it may grant damages or any other relief to which the party may be entitled, whether or not such relief is sought in the pleadings. |Laws 1971, c. 46, § 2, eff. Oct. 1, 1971.
15 OK Stat § 15-234 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-234. Stipulation as to errors of description as affecting rescission.

|A stipulation that errors of description shall not avoid a contract, or shall be the subject of compensation, or both, does not take away the right of rescission for fraud, nor for mistake, where such mistake is in a matter essential to the inducement of the contract, and is not capable of exact and entire compensation. |R.L.1910, § 985.
15 OK Stat § 15-235 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-235. Duty of party attempting rescission.

|Rescission, when not effected by consent, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: |1. He must rescind promptly, upon discovering the facts which entitle him to rescind, if he is free from duress, menace, undue influence, or disability, and is aware of his right to rescind; and, 2. He must restore to the other party everything of value which he has received from him under the contract; or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable, or positively refuses to do so.R.L.1910, § 986.
15 OK Stat § 15-236 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-236. Oral contract may be altered by writing - Extinguishment in part.

|A contract not in writing may be altered in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the new alteration. |R.L.1910, § 987.
15 OK Stat § 15-237 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-237. Written contract altered, how.

|A contract in writing may be altered by a contract in writing, or by an executed oral agreement, and not otherwise. |R.L.1910, § 988.
15 OK Stat § 15-238 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-238. Extinguishment by destruction or cancellation.

|The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act. |R.L.1910, § 989.
15 OK Stat § 15-239 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-239. Destruction, cancellation or alteration by party entitled to benefit.

|The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act. |R.L.1910, § 990.
15 OK Stat § 15-240 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-240. Duplicate, effect of altering or destroying.

|Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section. |R.L.1910, § 991.
15 OK Stat § 15-241 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-241. Restoration of thing unlawfully taken.

|One who obtains a thing without the consent of its owner, or by consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides. |R.L.1910, § 996.
15 OK Stat § 15-242 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-242. Demand for thing unlawfully obtained unnecessary - Exceptions.

|The restoration required by the last section must be made without demand; except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. |R.L.1910, § 997.
15 OK Stat § 15-244 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-244. Short title.

|This act shall be known and may be cited as the “Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act”. |Added by Laws 2011, c. 156, § 1, eff. Nov. 1, 2011.
15 OK Stat § 15-244A (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-244A. Legislative findings.

|The Legislature finds and declares that the retail distribution, sales and rental of agricultural, construction, utility, industrial, mining, outdoor power, forestry and lawn and garden equipment utilizing independent dealers operating under contract with the supplier, vitally affects the general economy of this state, the public interest and the public welfare. Therefore, the Legislature has determined that it is necessary to regulate the business relations between the independent dealers and the equipment suppliers as contemplated in the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act and that any action taken in violation of this act will result in a violation of an important public policy of this state. |Added by Laws 2011, c. 156, § 2, eff. Nov. 1, 2011.
15 OK Stat § 15-245A.1 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-245A.1. Good cause.

|A. The dealer must give the supplier at least thirty (30) days prior written notice of termination. No supplier may terminate a dealer agreement without good cause. Except as otherwise specifically provided in the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act, "good cause" means the failure by a dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealer agreement, provided such requirements are not different from those requirements imposed on other similarly situated dealers either by their terms or in the manner of their enforcement. In addition, good cause shall exist whenever: |1. The dealer or dealership has transferred a controlling ownership interest in its business without the supplier’s consent;2. The dealer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within thirty (30) days after the filing, or there has been a closeout or sale of a substantial part of the dealer’s assets related to the business, or there has been a commencement of dissolution or liquidation of the dealer;3. There has been a deletion, addition or change in dealer or dealership locations without the prior written approval of the supplier;4. The dealer has defaulted under any chattel mortgage or other security agreement between the dealer and the supplier, or there has been a revocation of any guarantee of the dealer’s present or future obligations to the supplier; provided, however, good cause will not exist if a person revokes any guarantee in connection with or following the transfer of such person’s entire ownership interest in the dealer unless the supplier requires the person to execute a new guarantee of the dealer’s present or future obligations in connection with the transfer of ownership interest;5. The dealer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned its business;6. The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and supplier;7. The dealer has engaged in conduct which is injurious or detrimental to the dealer’s customers or to the public welfare or the representation or reputation of the supplier’s product; or8. The dealer has consistently failed to meet and maintain the supplier’s requirements for reasonable standards and performance objectives, so long as the supplier has given the dealer reasonable standards and performance objectives that are based on the manufacturer’s experience in other comparable market areas.B. The provisions of this section will not apply to single-line dealer agreements.Added by Laws 2011, c. 156, § 5, eff. Nov. 1, 2011.
15 OK Stat § 15-245A.3 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-245A.3. Good cause.

|A. This section will only apply to single-line dealer agreements. |B. No supplier may terminate a dealer agreement without good cause. For purposes of this section and Section 8 of this act only, “good cause” means failure by a dealer to comply with requirements imposed upon the dealer by the dealer agreement if such requirements are not different from those imposed on other similarly situated dealers. In addition, good cause exists whenever:1. There has been a closeout or sale of a substantial part of the dealer’s assets related to the equipment business, or there has been a commencement of a dissolution or liquidation of the dealer;2. The dealer has changed its principal place of business or added additional locations without prior approval of the supplier, which shall not be unreasonably withheld;3. The dealer has substantially defaulted under a chattel mortgage or other security agreement between the dealer and the supplier, or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the dealer to the supplier;4. The dealer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned its business;5. The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and the supplier; or6. The dealer transfers an interest in the dealership, or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership; provided, however, good cause does not exist if the supplier consents to an action described in this paragraph.C. Except as otherwise provided in this subsection, a supplier shall provide a dealer with at least ninety (90) days written notice of termination. The notice must state all reasons constituting good cause for such termination and must state that the dealer has sixty (60) days in which to cure any claimed deficiency. If the deficiency is rectified within sixty (60) days, the notice will be void. Notwithstanding the foregoing, if the good cause for termination is due to the dealer’s failure to meet or maintain the supplier’s requirements for market penetration, a reasonable period of time shall have existed where the supplier has worked with the dealer to gain the desired market share. The notice and right to cure provisions under this paragraph shall not apply if the reason for termination is for any reason set forth in paragraphs 1 through 6 of subsection B of this section.Added by Laws 2011, c. 156, § 7, eff. Nov. 1, 2011.
15 OK Stat § 15-245A.4 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-245A.4. Death of dealer.

|A. This section shall only apply to single-line dealer agreements. |B. If a dealer dies, a supplier shall have ninety (90) days in which to consider and make a determination on a request by a family member to enter into a new dealer agreement to operate the dealership. If the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for nonacceptance. This section does not entitle an heir, personal representative or family member to operate a dealership without the specific written consent of the supplier.C. Notwithstanding the foregoing, if a supplier and dealer have previously executed an agreement concerning succession rights prior to the dealer’s death, and if such agreement is still in effect, the agreement shall be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.Added by Laws 2011, c. 156, § 8, eff. Nov. 1, 2011.
15 OK Stat § 15-247 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-247. Exemptions.

|The provisions of the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act shall not require the repurchase from a dealer of: |1. Any repair part which is in a broken or damaged package; provided, however, the supplier will be required to repurchase a repair part in a broken or damaged package, for a repurchase price that is equal to eighty-five percent (85%) of the current net parts cost for the repair part, if the aggregate current net parts cost for the entire package of repair parts is Seventy-five Dollars ($75.00) or higher;2. Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;3. Any inventory for which the dealer is unable to furnish evidence, satisfactory to the supplier, of clear title free and clear of all claims, liens and encumbrances unless such inventory will be free and clear of all claims, liens and encumbrances immediately upon payment by the supplier of amounts due herein to such lien holders;4. Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so;5. Any equipment or repair parts which are not in new, unsold, undamaged, complete condition, subject, however, to the provisions of this act relating to the demonstrators;6. Any equipment delivered to the dealer prior to the beginning of the thirty-six-month period immediately preceding the date of notification of termination;7. Any equipment or repair parts which were ordered by the dealer on or after the date of notification of termination;8. Any equipment or repair parts which were acquired by the dealer from any source other than the supplier unless such equipment or repair parts were ordered from, or invoiced to the dealer by, the supplier; or9. Any equipment or repair parts which are not returned to the supplier within ninety (90) days after the later of:a.the effective date of termination of a dealer agreement, andb.the date the dealer receives from the supplier all information, documents or supporting materials required by the supplier to comply with the supplier’s return policy; provided, however, this paragraph will not be applicable to a dealer if the supplier did not give the dealer notice of the ninety-day deadline at the time the applicable notice of termination was sent to the dealer.Added by Laws 1982, c. 274, § 3, operative Oct. 1, 1982. Amended by Laws 1991, c. 51, § 4, emerg. eff. April 9, 1991; Laws 2011, c. 156, § 11, eff. Nov. 1, 2011.
15 OK Stat § 15-248 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-248. Remedies.

|If any supplier violates any provision of this act, a dealer may bring an action against such supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation, including, but not limited to, damages for lost profits, together with the actual costs of the action, including the dealer’s attorney and paralegal fees and costs of arbitrators, and the dealer also may be granted injunctive relief against unlawful termination. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. |Added by Laws 1982, c. 274, § 4, operative Oct. 1, 1982. Amended by Laws 2011, c. 156, § 12, eff. Nov. 1, 2011.