n Kent State University v. Ford (page 865) Coach Ford argued that the liquidated damages clause in his employment contract was an unenforceable penalty and does not comply with the factors contained in Samson Sales, Inc. v. Honeywell, Inc. (page 868).

The second of these three factors is this: "...the contract as a whole is not so manifestly unconscionable, unreasonable, and disproportionate in amount as to justify the conclusion that it does not express the true intention of the parties..."

Although Judge Diane Grendell's majority opinion concluded that this factor was met, Judge Timothy Cannon's dissent disagrees, writing, "Here, the formula utilized in the contract does not, with any reasonable clarity, demonstrate an approximation of anticipated, actualized damages..."

• Quoting little or nothing from Judge Cannon's dissent, explain how he supported this position.