| 9.__Dissociated partner's action against partnership.__A |
dissociated partner may maintain an action against the |
partnership, pursuant to section 1045, subsection 2, paragraph B, |
subparagraph (2), to determine the buyout price of that partner's |
interest, any offsets under subsection 3, or other terms of the |
obligation to purchase.__The action must be commenced within 120 |
days after the partnership has tendered payment or an offer to |
pay or within one year after written demand for payment if no |
payment or offer to pay is tendered.__The court shall determine |
the buyout price of the dissociated partner's interest, any |
offset due under subsection 3, and accrued interest, and enter |
judgment for any additional payment or refund.__If deferred |
payment is authorized under subsection 8, the court shall also |
determine the security for payment and other terms of the |
obligation to purchase.__The court may assess reasonable |
attorney's fees and the fees and expenses of appraisers or other |
experts for a party to the action, in amounts the court finds |
equitable, against a party that the court finds acted |
arbitrarily, vexatiously or not in good faith.__The finding may |
be based on the partnership's failure to tender payment or an |
offer to pay or to comply with subsection 7. |