Extract to table

That provision establishes a formula under which, in the event of a termination by the Carrier-Provider for the Shipper-Broker's breach, the Shipper-Broker shall pay liquidated damages equal to 75% of the Annual Committed Volume multiplied by the number of full and partial contract years remaining in the term

Trask's sole justification for treating the liquidated damages clause as enforceable is a brief reference to the clause's recital language, in which the parties "acknowledged and agreed" that the liquidated damages formula represents "a reasonable estimate of the damages that the non-breaching party would sustain" and that the amount "shall not constitute a penalty

This distinction is material: in the truckload carrier industry, the spread between gross margin and operating margin is typically 5 to 8 percentage points, reflecting the substantial overhead burden that must be allocated across individual accounts

The likelihood is that, if the standing issue were raised, the court would permit Vantor Holdings to amend the Complaint to substitute or add VTS as a party plaintiff under Federal Rule of Civil Procedure 17(a)(3), which provides that an action "shall not be dismissed on the ground that it is not prosecuted in the name of the real party in interest until