Re: PACER digEcor - Doc 333
in response to
by
Message: Re: PACER digEcor - Doc 333
1
Apr 13, 2009 06:07PM
4
Apr 13, 2009 07:16PM
IT APPEARS e.DIGITAL ATTORNIES ARE VERY FORCEFUL TO KEEP AMOUNT OF
COMPENSATION AS LOW AS IT POSSIBLE !
DRM Damages. DIGECOR’s sole and exclusive remedy for any and all claims concerning the DRM project based in contract, tort or otherwise, in law or equity, including but not limited to, claims based upon EDIGITAL’s failure to perform under this Agreement, EDIGITAL’s breach of this Agreement or EDIGITAL’s termination of this Agreement shall be limited to money damages, specifically, the lesser of the actual amount paid under this Agreement, or $25,000 USD. In no event will either party be liable to the other for any lost profits, lost savings, or any other incidental, special, or consequential damages, even if such party has been advised of the possibility of such damages, arising out of or in connection with the DRM project.
e.Digital alleges that digEcor never paid any money under the agreement, a claim which digEcor does not appear to dispute. Unless digEcor argues to the contrary at trial, the “lesser” amount is that which was paid under the Agreement, setting the damage cap at $0.
CONCLUSION
For the reasons set forth above, the Court should rule as a matter of law that digEcor may recover only the lesser of the amount paid under the DRM Agreement, or $25,000, under its claim for breach of the DRM Agreement, and that no recovery for lost profits or other consequential damages is permitted.
injury
For the reasons set forth above, the Court should rule as a matter of law that digEcor may recover only the lesser of the amount paid under the DRM Agreement, or $25,000, under its claim for breach of the DRM Agreement, and that no recovery for lost profits or other consequential damages is permitted.
injury
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