Common use of Damages Stipulation Clause in Contracts

Damages Stipulation. Each Party stipulates that the payment obligations set forth in this Article 3.8 for the damages incurred are a reasonable approximation of the anticipated harm or loss and acknowledges the difficulty of estimation or calculation of actual damages, and each Party hereby waives the right to contest such payments as unenforceable, an unreasonable penalty or otherwise.

Appears in 2 contracts

Samples: Master Coal Purchase and Sale Agreement, Master Coal Purchase and Sale Agreement

AutoNDA by SimpleDocs

Damages Stipulation. Each Party stipulates that the payment obligations set forth in this Article 3.8 Section 4.8 for the damages incurred are a reasonable approximation of the anticipated harm or loss and acknowledges the difficulty of estimation or calculation of actual damages, and each Party hereby waives the right to contest such payments as unenforceable, an unreasonable penalty or otherwise.

Appears in 2 contracts

Samples: Cover Sheet (Alliance Holdings GP, L.P.), Cover Sheet (Alliance Resource Partners Lp)

Damages Stipulation. Each Party stipulates that the payment obligations set forth in this Article 3.8 8 for the damages incurred are a reasonable approximation of the anticipated harm or loss and acknowledges the difficulty of estimation or calculation of actual damages, and each Party hereby waives the right to contest such payments as unenforceable, an unreasonable penalty or otherwise.

Appears in 2 contracts

Samples: Master Fuel Purchase and Sale Agreement (Foresight Energy LP), Master Fuel Purchase and Sale Agreement (Foresight Energy Partners LP)

Damages Stipulation. Each Party stipulates that the payment obligations set forth in this Article 3.8 Section 8 for the damages incurred are a reasonable approximation of the anticipated harm or loss and acknowledges the difficulty of estimation or calculation of actual damages, and each Party hereby waives the right to contest such payments as unenforceable, an unreasonable penalty or otherwise.

Appears in 1 contract

Samples: Purchase and Sale Agreement

AutoNDA by SimpleDocs

Damages Stipulation. Each Party stipulates that the payment obligations set forth in this Article 3.8 Agreement, including in Sections 9, 11.2, 11.3, and 13.2, for the damages incurred are a reasonable approximation of the anticipated harm or loss and acknowledges the difficulty of estimation or calculation of actual damages, and each Party hereby waives the right to contest such payments as unenforceable, an unreasonable penalty penalty, or otherwise.

Appears in 1 contract

Samples: Toll Conversion Agreement (Eott Energy Partners Lp)

Damages Stipulation. Each Party stipulates that the payment obligations set forth in this Article 3.8 Section 6 for the damages incurred are a reasonable approximation of the anticipated harm or loss and acknowledges the difficulty of estimation or calculation of actual damages, and each Party hereby waives the right to contest such payments as unenforceable, an unreasonable penalty or otherwise.

Appears in 1 contract

Samples: Master Steel Purchase and Sale Agreement (Huntco Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.