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
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: Base Contract for Purchase and Sale of Coal (Alliance Resource Partners Lp), Base Contract for Purchase and Sale of Coal (Alliance Holdings GP, L.P.)
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 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)
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 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: Master Pulp, Paper, Lumber and Wood Products Purchase and Sale Agreement
