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2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 25D. Delaware Servicemembers Civil Relief Act
§ 2505D Fines and penalties under contracts.
Universal Citation: 6 DE Code § 2505D (2019)
(a) Prohibition of penalties. — When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.
(b) Reduction or waiver of fines or penalties. — If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if:
(1) The servicemember was in military service at the time the fine or penalty was incurred; and
(2) The ability of the servicemember to perform the obligation was materially affected by such military service.
79 Del. Laws, c. 359, § 1.
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