Pre-estimate of loss. The parties agree that the amounts recoverable under this Section 6(e) are a reasonable pre-estimate of loss and not a penalty. Such amounts are payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in this Agreement neither party will be entitled to recover any additional damages as a consequence of such losses.
Appears in 3 contracts
Samples: Interest Rate and Currency Exchange Agreement (Ford Credit Auto Receivables Corp), Interest Rate and Currency Exchange Agreement (Ford Credit Auto Receivables Corp), Interest Rate and Currency Exchange Agreement (Cogen Technologies Inc)
Pre-estimate of loss. The parties agree that the amounts recoverable under this Section 6(e6(d) are a reasonable pre-estimate of loss and not a penalty. Such amounts are payable for the loss of bargain and the loss of protection against future risks and and, except as otherwise provided in this Agreement Agreement, neither party will be entitled to recover any additional damages as a consequence of such losses.
Appears in 2 contracts
Samples: Interest Rate Swap Agreement (New Ulm Telecom Inc), Interest Rate Swap Agreement (New Ulm Telecom Inc)