In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: pre-estimate may in fact operate as a penalty and become unenforceable is shown by the fact that even though the sum fixed as compensation for each day’s delay ... is held to be a reasonable provision for liquidated damages and to be enforceable, no court will permit it to go on operating forever. 11 Corbin on Contracts, supra, § 58:21 at 523. That treatise then observes that there is “some lack of uniformity in the method of determining this time limit.” Id. In general, there are two rules that courts have applied to this predicament. Some courts have held that a liquidated damages clause is inapplicable when a contractor has completely abandoned a project. See, e.g., City of Elmira v. Larry Walter, Inc., 76 N.Y.2d 912, 563 N.Y.S.2d 45, 564 N.E.2d 655, 656 (1990) (per curiam) (<HOLDING>). Others have held that, when a contractor has 
 Holding statements: (A) holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict (B) holding that language of contract did not limit plaintiffs recovery to liquidated damages (C) holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla (D) holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award (E) holding that in the absence of clear and unambiguous language indicating that liquidated damages clause was intended to apply to contractors outright abandonment of the project no such damages should be awarded
[EX A]: (E)

[EX Q]: 616.8. Like our general venue statute, section 616.8, known as our common carrier statute, has also remained virtually unchanged for over a century. Compare Iowa Code § 2582 (1873), with Iowa Code § 616.8 (2001). It provides: An action may be brought against any railway corporation, the owner of stages, or other line of coaches or cars, express, canal, steamboat and other river crafts, telegraph and telephone companies ... in any county through which such road or line passes or is operated. Iowa Code § 616.8. Although not expressly mentioned, we have held that semi-trucks carrying freight on a fixed schedule over a regular route with fixed termini constitute a “line of ... cars” for purposes of the statute. Bruce Transfer Co. v. Johnston, 227 Iowa 50, 52-55, 287 N.W. 278, 278-81 (1939) (<HOLDING>). The Richards contend section 616.8, like 
 Holding statements: (A) holding that the court assumes the legislature acquiesced in our interpretation of the language because the legislature had not amended the language (B) holding that when the legislature enacts a statute it is presumed that the legislature is aware of existing statutes (C) holding the fact legislature could not have foreseen rise of semitrucks when it enacted common carrier statute in the nineteenth century did not foreclose an interpretation that would effectuate its intent (D) holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it (E) holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier
[EX A]: (C)

[EX Q]: It is specially agreed that the liability of each of the Guarantors for the payment of each note ... shall be joint and several; and that suit may be brought against the Guarantors jointly and severally and against any one or more of them, less than all, without impairing the rights of the Lender .... against the other of the Guarantors, (emphasis added). In other words, Burch-field expressly agreed that Prosperity’s bringing suit against “less than all” of the guarantors (i.e., only Woodall) would not impair Prosperity’s right against the other guarantors (i.e., Burchfield). Allowing Burchfield to avoid liability by invoking res judicata would thus contradict the terms of the agreement. See Gilbert v. Fireside Enter., Inc., 611 S.W.2d 869, 877 (Tex.Civ.App.-Dallas 1980, no writ) (<HOLDING>); Cf. Restatement (Second) of Judgments § 
 Holding statements: (A) recognizing the right to waive a jury trial (B) recognizing this as the general rule (C) recognizing general rule (D) recognizing general rule that a party may waive the defense of res judicata (E) recognizing that defendant may waive miranda rights
[EX A]:
(D)