Reasonable Pre-Estimate. The Parties agree that the amounts recoverable under this Section 8 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 the Agreement, neither Party will be entitled to recover any additional damages as a consequence of such losses.
Appears in 35 contracts
Samples: Foreign Exchange and Options Master Agreement (BHM Discretionary Futures Fund L.P.), Foreign Exchange and Options Master Agreement (Morgan Stanley Managed Futures HV, L.P.), Foreign Exchange and Options Master Agreement (Morgan Stanley Spectrum Strategic Lp)
Reasonable Pre-Estimate. The Parties agree that the amounts recoverable under this Section 8 5 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 the Agreement, neither Party will be entitled to recover any additional damages as a consequence of such losses.
Appears in 23 contracts
Samples: International Foreign Exchange Master Agreement (Dean Witter Portfolio Strategy Fund Lp), International Foreign Exchange Master Agreement (Witter Dean Diversified Futures Fund Lp), International Foreign Exchange Master Agreement (Witter Dean Diversified Futures Fund Iii L P)
Reasonable Pre-Estimate. The Parties agree that the amounts recoverable under this Section 8 5 are a reasonable pre-estimate preestimate 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 the Agreement, neither Party will be entitled to recover any additional damages as a consequence of such losses.
Appears in 5 contracts
Samples: International Foreign Exchange Master Agreement (Witter Dean Spectrum Strategic Lp), Customer Agreement (Morgan Stanley Dean Witter Charter Millburn Lp), International Foreign Exchange Master Agreement (Witter Dean Select Futures Fund Lp)
Reasonable Pre-Estimate. The Parties agree that the amounts recoverable under this Section 8 6 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 the Agreement, neither Party will be entitled to recover any additional damages as a consequence of such losses.
Appears in 4 contracts
Samples: International Foreign Exchange Master Agreement (Campbell Alternative Asset Trust), International Foreign Exchange Master Agreement (Campbell Asset Allocation Trust), International Foreign Exchange Master Agreement (Campbell Alternative Asset Trust)
Reasonable Pre-Estimate. The Parties agree that the amounts recoverable under this Section 8 6 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 the Agreement, neither Party will shall be entitled to recover any additional damages as a consequence of such losses.
Appears in 2 contracts
Samples: International Foreign Exchange and Currency Option Master Agreement, International Foreign Exchange and Currency Option Master Agreement
Reasonable Pre-Estimate. The Parties agree that the amounts recoverable under this Section 8 5 are a reasonable pre-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 the Agreement, neither Party will be entitled to recover any additional damages as a consequence of such losses.
Appears in 1 contract
Samples: International Foreign Exchange Master Agreement (Ashworth Inc)
