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: Master Agreement (BHM Discretionary Futures Fund L.P.), Master Agreement (Morgan Stanley Managed Futures HV, L.P.), Master Agreement (Morgan Stanley Spectrum Technical 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: Customer Agreement (Witter Dean Cornerstone Fund Iv), Master Agreement (Witter Dean Spectrum Technical Lp), Master Agreement (Witter Dean Cornerstone Fund Ii)
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: Master Agreement (Witter Dean Select Futures Fund Lp), Master Agreement (Witter Dean Spectrum Technical Lp), Customer Agreement (Morgan Stanley Dean Witter Charter Millburn 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: Master Agreement (Campbell Alternative Asset Trust), Master Agreement (Campbell Asset Allocation Trust), 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: 2004 Master Agreement, Ifxco Terms
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
Reasonable Pre-Estimate. The Parties agree that the amounts recoverable recover- able 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 conse- quence of such losses.
Appears in 1 contract
Samples: Option Master Agreement
