| | | A.__The purchaser, seller or recipient of investment advice | | receives in a record, before the action is instituted: |
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| | | (1) An offer stating the respect in which liability | | under section 16509 may have arisen and fairly advising | | the purchaser, seller or recipient of investment advice | | of that person's rights in connection with the offer | | and any financial or other information necessary to | | correct all material misrepresentations or omissions in | | the information that was required by this chapter to be | | furnished to that person at the time of the purchase, | | sale or investment advice; |
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| | | (2) If the basis for relief under this section may have | | been a violation of section 16509, subsection 2, an | | offer to repurchase the security for cash, payable on | | delivery of the security, equal to the consideration | | paid and interest at the legal rate of interest from | | the date of the purchase, less the amount of any income | | received on the security, or, if the purchaser no | | longer owns the security, an offer to pay the purchaser | | upon acceptance of the offer damages in an amount that | | would be recoverable upon a tender, less the value of | | the security when the purchaser disposed of it and | | interest at the legal rate of interest from the date of | | the purchase in cash equal to the damages computed in | | the manner provided in this subsection; |
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| | | (3) If the basis for relief under this section may have | | been a violation of section 16509, subsection 3, an | | offer to tender the security, on payment by the seller | | of an amount equal to the purchase price paid, less | | income received on the security by the purchaser and | | interest at the legal rate of interest from the date of | | the sale, or, if the purchaser no longer owns the | | security, an offer to pay the seller upon acceptance of | | the offer, in cash, damages in the amount of the | | difference between the price at which the security was | | purchased and the value the security would have had at | | the time of the purchase in the absence of the | | purchaser's conduct that may have caused liability and | | interest at the legal rate of interest from the date of | | the sale; |
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| | | (4) If the basis for relief under this section may have | | been a violation of section 16509, subsection 4, an | | offer to pay as specified in subparagraph (2) if the | | customer is a purchaser or an offer to tender or to pay | | as specified in subparagraph (3) if the customer is a | | seller; |
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