Equipment Lessors Can Survive Liquidated Damage Attacks

The Secured Lender;  September 1, 2004 ;     700+ words ......Despite the "favored" status of liquidated damage provisions under Article 2A of the...courts to enforce these types of liquidated damage provisions. However, knowledge of...possible freedom to agree to reasonable liquidated damage provisions. Even the Code Comments...

Liquidated Damages

AANA Journal;  April 1, 2008 ;     700+ words ......have unequal bargaining power, a liquidated damage provision can unfairly punish the...How does one distinguish between a liquidated damage clause and a penalty? First you have...fairly clear. Is the purpose of the liquidated damage provision simply to create a penalty...

Couple splits, stands to lose $50,000 deposit on condo

Chicago Sun-Times;  October 13, 1989 ;     600 words ......still having to help pay for it! A liquidated damage clause in a contract is valid and...It said, "To ascertain whether a liquidated damage provision is merely a penalty and...Avenue's "magnificent mile") was a valid liquidated damage clause and not an illegal penalty...

NORWOOD STANDING FIRM AGAINST LEADERS.

States News Service;  June 25, 1999 ;     550 words ......includes, among other things, a liability provision that would make it easier for patients...legislation that does not include the liability provision. But when Dr. Norwood said he would...an agreement will likely be the liability provision. Our belief is that we can continue...

BARTON, SCHUMER DISCUSS POSSIBLE ENERGY COMPROMISE

Renewable Fuel News;  May 24, 2004 ;     387 words ......fuels standard (RFS) and the MTBE liability provision removed, suggested Sen. Chuck Schumer...pool by 2012, and the MTBE limited liability provision. It was these two issues that were...discussing both the RFS and the liability provision. But Schumer then offered an olive...

Ohio Faces Health Bill Showdown over `Liability Provision'.

Knight Ridder/Tribune Business News;  June 10, 1999 ;     700+ words ......legislature has been the so-called liability provision, which would allow a patient to...said the governor's position on the liability provision has not changed since the campaign...R-Solon, said she can live without a liability provision, saying it was never in her version...

STATE COURT'S RULING CRACKS DOWN ON LANDLORD FEES.(BUSINESS)

Daily News (Los Angeles, CA);  September 15, 1997 ;     685 words ......their lease, and its collection of a liquidated damage deposit equal to one month's rent...on the liquidated damages issue. Liquidated damage provisions are allowed in situations...parties may include in their contract a liquidated damage provision in which they agree upon...

To rescind or not to rescind. (Insider).

Security Distributing & Marketing;  February 1, 2003 ;     367 words ......raised the limitation of liability provision which was included in...demonstrated that the liquidated damage provision in the contract...amount set forth in the liquidated damage clause. The Appellate...decision, ruling that the liquidated damage clause itself was ...

Tercon reversal: Tendering law goes into a tailspin

Summit;  January 1, 2008 ;     700+ words ......Appeal enforced a limitation of liability provision contained in a government tender...Court overrode the limitation of liability provision in the government's tender call...applicability of the following limitation of liability provision contained in the tender call: Except...

COMMISSION APPROVES POTENTIAL FINES TO SPEED HIGHWAY PROJECT

The Journal Record;  September 9, 1987 ;     633 words ......the contractors and set a liquidated damage schedule of $1,000 per day...Original contracts contained a liquidated damage clause, but Tuesday's action...supplemental to those accords. Liquidated damage contracts differ from premium...

Republican defectors force hand of speaker: Tiny GOP faction prevails on...

The Washington Times;  August 10, 1999 ;     603 words ......and lobbyists say. Opposed to the liability provision but unable to lose more than five...leadership aide said yesterday that the liability provision is distasteful for Mr. Hastert but...downplayed the significance of the liability provision. This bill will hardly have anybody...

BARTON INTERESTED IN COMPROMISE ON MTBE ISSUES IN ENERGY BILL

Renewable Fuel News;  February 21, 2005 ;     700+ words ......Continue to Square Off on Limited Liability Provision- US. House Energy and Commerce Committee...discussion draft bill. Supporters say the liability provision is a very narrow legal argument...compromises for the MTBE limited liability provision, as well as a ban. "If we want to...

A practical response to non-response ordinances.(Security and the Law)

Security Distributing & Marketing;  February 1, 2004 ;     527 words ......These events should be covered by the liquidated damage clause in the alarm contract. For...City, the company should review the liquidated damage clause and the companies' response...contained in its contracts. Well drafted liquidated damage clauses should state that the liability...

Limitation of liability upheld in State Supreme Court.(SECURITY and the...

Security Distributing & Marketing;  June 1, 2005 ;     534 words ......recently upheld the limitation of liability provision in a contract between a plaintiff...company offered to settle for the liquidated damage amount and the owner refused...court found that the limitation of liability provision in the contract was valid, and...Therefore, the ...

SENATOR OFFERS COMPROMISE ON MTBE FOR ENERGY BILL PASSAGE

Renewable Fuel News;  July 19, 2004 ;     364 words ......protection, has been languishing in the Senate. The MTBE liability provision is essential for its agreement by the House in conference...to bring staunch House supporters of the MTBE limited liability provision, including Texas Republican Reps. Joe Barton and Tom DeLay...