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proof that the person did not know and, in the exercise of | | reasonable care, could not have known of the existence of | | conduct by reason of which the liability is alleged to exist. |
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| | | 8.__Right of contribution.__A person liable under this section | | has a right of contribution as in cases of contract against any | | other person liable under this section for the same conduct. |
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| | | 9.__Survival of cause of action.__A cause of action under this | | section survives the death of an individual who might have been a | | plaintiff or defendant. |
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| | | 10.__Statute of limitations.__A person may not obtain relief: |
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| | | A.__Under subsection 2 for violation of section 16301 or | | under subsection 4 or 5, unless the action is instituted | | within 2 years after the violation occurred; or |
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| | | B.__Under subsection 2, other than for violation of section | | 16301, or under subsection 3 or 5, unless the action is | | instituted within the earlier of 2 years after discovery of | | the facts constituting the violation or 5 years after the | | violation. |
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| | | 11.__No enforcement of violative contract. A person that has | | made, or has engaged in the performance of, a contract in | | violation of this chapter or a rule adopted or order issued under | | this chapter, or that has acquired a purported right under the | | contract with knowledge of conduct by reason of which its making | | or performance was in violation of this chapter, may not base an | | action on the contract. |
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| | | 12.__No contractual waiver. A condition, stipulation or | | provision binding a person purchasing or selling a security or | | receiving investment advice to waive compliance with this chapter | | or a rule adopted or order issued under this chapter is void. |
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| | | 13.__Survival of other rights or remedies.__The rights and | | remedies provided by this chapter are in addition to any other | | rights or remedies that may exist, but this chapter does not | | create a cause of action not specified in this section or section | | 16411, subsection 5. |
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| | | Prior Provisions: 1956 Act Section 410; RUSA Sections 605-607, | | 609, 802. |
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