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Well, under the restatement (and case law in some states) a liquidated damages provision cannot represent a penalty. Instead, it has to represent an estimate of
by singleshot_ 3y ago
Well, under the restatement (and case law in some states) a liquidated damages provision cannot represent a penalty. Instead, it has to represent an estimate of actual damages in breach, more or less.
- otterley 3y agoAbsent the actual language in the Agreement between T-Mobile and the intermediary providers like bandwidth.com, we have no idea what the penalty is called - bandwidth.com is calling it a “fine” but we don’t really know.