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Template:Nutshell DRVF 8: Difference between revisions
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{{drvfprov|8}} '''{{drvfprov|Claims for Damages and Compensation for Benefits Received}}'''<br> | {{drvfprov|8}} '''{{drvfprov|Claims for Damages and Compensation for Benefits Received}}'''<br> | ||
:{{drvfprov|8(1)}} The non-defaulting party (the '''{{drvfprov|Party Entitled to Damages}}''') may claim damages on the basis of the cost to it of [[replacement transaction]]s effected promptly. To calculate this it may seek quotes and may consider its own costs but in any case it has to take into account all {{drvfprov|Transaction}}s including those where it made a gain upon {{drvfprov|Termination}}.<br> | :{{drvfprov|8(1)}} The non-defaulting party (the '''{{drvfprov|Party Entitled to Damages}}''') may claim damages on the basis of the cost to it of [[replacement transaction]]s effected promptly. To calculate this it may seek quotes and may consider its own costs but in any case it has to take into account all {{drvfprov|Transaction}}s including those where it made a gain upon {{drvfprov|Termination}}.<br> | ||
:{{drvfprov|8(2)}} If the {{drvfprov|Party Entitled to Damages}} obtains an overall [[net]] financial benefit from terminating {{drvfprov|Transaction}}s, subject to Clause {{ | :{{drvfprov|8(2)}} If the {{drvfprov|Party Entitled to Damages}} obtains an overall [[net]] financial benefit from terminating {{drvfprov|Transaction}}s, subject to Clause {{drvfprov|9(2)}} and {{drvfprov|12(4)}}) it will owe the other party that benefit, calculated the same way as it calculated its own damages under {{drvfprov|8(1)}}, as long as it is not more than what the other party actually lost as a result of termination.<br> | ||