Template:Nutshell DRVF 8

8 Claims for Damages and Compensation for Benefits Received

8(1) The non-defaulting party (the Party Entitled to Damages) may claim damages on the basis of the cost to it of replacement transactions effected promptly. To calculate this it may seek quotes and may consider its own costs and expenses but must take into account all Transactions including any financial benefits it receives from their Termination.

8(2) If the Party Entitled to Damages obtains an overall net financial benefit from terminating Transactions, subject to Clause Template:Drvfaprov and 12(4)) it will owe the other party the amount of that benefit, as long as it does not exceed the damages the other party actually suffered. It will calculate that financial benefit and the damages the same was as it calculated its own damages under 8(1).