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Bomb shelter statute

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Definition Edit

A bomb shelter statute is a “defensive” state law that is intended to block the enforcement of the provisions of Uniform Computer Information Transactions Act (UCITA) that might otherwise be applicable under a contractual choice of law provision.

Sample statute Edit

A choice of law provision in a computer information agreement which provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the Uniform Computer Information Transactions Act, as proposed by the National Conference of Commissioners on Uniform State Laws or any substantially similar law, is voidable, and the agreement shall be interpreted pursuant to the laws of this state if the party against whom enforcement of the choice of law provisions is sought is a resident of this state or has its principal place of business located in this state. For purposes of this section, a “computer information agreement” means an agreement that would be governed by the Uniform Computer Information Transactions Act or substantially similar law as enacted in the state specified in the choice of law provisions if that state's law were applied to the agreement. This section may not be varied by agreement of the parties. This section shall remain in force until such time as the general assembly enacts the Uniform Computer Information Transactions Act or any substantially similar law and that law becomes effective.

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