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Liquidated Damages |
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Liquidated Damages Present in certain legal contracts, this provision allows for the payment of a specified sum should one of the parties be in breach of contract. Notes: This is meant as a fair representation of losses in situations where actual damages are difficult to ascertain. These liquidated damages are meant to be fair rather than punitive.See also: Liquidation Liquidated damages The amount payable for delays and sub-standard performance under a construction, equipment supply, or Operations & Maintenance contract. |
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To address this factor, many attorneys will advise their clients to include a liquidated damages clause in their contracts. The court said that Monsanto's liquidated damages clause, requiring farmers to pay 120 times the technology fee for each bag of seed purchased, was not a reasonable estimate of the financial harm suffered when the farmer saved seed. One way we have suggested to customers to get quality contractors is to include a liquidated damages clause of at least $2,500 per day in the contract, or something similar. |
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