North Dakota Code § 9-08-04

Fixing damages for breach void - Exception
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Every contract by which the amount of damages to be paid, or other compensation to be 
made, for a breach of an obligation is determined in anticipation thereof is to that extent void, 
except that the parties may agree therein upon an amount presumed to be the damage 
sustained by a breach in cases in which it would be impracticable or extremely difficult to fix the 
actual damage.

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