A contract for the lease of an apartment states that, in the event the renter misses the due date for rent (which is the 1st of the month) by 10 days, the renter agrees to pay 6 months' rent as liquidated damages. The renter signed the contract without noticing the liquidated damages clause. Three months into the lease, the renter pays the rent 12 days late. Why would this contract's liquidated damages clause not be upheld?