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Posted On: 11/01/2022 10:13:10 PM
Post# of 148887
Marc: I agree that a liquidated damages clause seems improbable as related to a claim by CYDY against Amarex/NSF. No way to know for sure w/o seeing the MSA, but it would have been foolish for CYDY to agree to a low figure, <$100 million, and even more foolish for Amarex/NSF to agree to a high figure, >$100 million.
As you know, a liquidated damages amount is simply an agreed ballpark dollar amount when determining the actual amount of damages would be too difficult or impractical to compute. But when the range of compensatory damages caused by a breach of contract related to conducting and managing a clinical trial and related FDA submissions is as wide as could be foreseen here, I have a hard imagining a liquidated damages dollar amount that both sides would accept under all circumstances.
As you know, a liquidated damages amount is simply an agreed ballpark dollar amount when determining the actual amount of damages would be too difficult or impractical to compute. But when the range of compensatory damages caused by a breach of contract related to conducting and managing a clinical trial and related FDA submissions is as wide as could be foreseen here, I have a hard imagining a liquidated damages dollar amount that both sides would accept under all circumstances.
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