(1) An investor may not take any action against the state, a political subdivision, a programmatic intermediary entity, a service provider, or a financial intermediary entity for: (a) the failure of a success payment due to the failure to achieve the performance outcome measures; or (b) any amount over the $25,000,000 limit for all success payments in the aggregate for the program.
(a) the failure of a success payment due to the failure to achieve the performance outcome measures; or
(b) any amount over the $25,000,000 limit for all success payments in the aggregate for the program.
(2) The limitation described in Subsection (1) does not prohibit an investor from taking action against the state for a failure to make a success payment in accordance with the pay-for-success contract if the performance outcome measures are achieved and the limit has not been exceeded.
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