This subsection provides the exclusive remedy for any failure by a director or officer to carry out the requirements of Title 13- C, section 831, subsection 1 and Title 13-C, section 843, subsection 1, paragraph C.

2.__Amount of damages.__Any suit brought under subsection 1 may be to recover damages in an amount that represents the greater of:

A.__The actual damage caused to the plaintiff; or

B.__Three times the savings that accrued to the corporation as the result of failing to carry out the requirements of Title 13-C, section 831, subsection 1 and Title 13-C, section 843, subsection 1, paragraph C.

3.__Punitive damages.__A trier of fact may award punitive damages against a defendant in any suit brought under subsection 1 if the plaintiff establishes by clear and convincing evidence that:

A.__The defendant knowingly, intentionally or recklessly caused damage to the public interest as defined in subsection 1; and

B.__An award is necessary to punish the defendant for the conduct or to deter the defendant from similar conduct in like circumstances.

4.__Conditions.__A lawsuit under subsection 1 may not be brought:

A.__To recover any damages that accrue prior to the date that at least 25 additional states have enacted legislation that provides that a director's duty to act in the best interests of the corporation no longer comes at the expense of the environment, human rights, public health or safety, the welfare of the communities in which the corporation operates or the dignity of its employees; and

B.__Unless the consolidated annual revenues, calculated in accordance with generally accepted accounting principles, of the corporation that is alleged to have caused the damage