Common use of Aggregate Damages Clause in Contracts

Aggregate Damages. Turbine Supplier’s aggregate liability hereunder for liquidated damages for failure to achieve the Power Curve Percentage Guarantee for all Turbines in a Turbine Purchase Order shall not exceed ten percent (10%) of the total Purchase Price for all Turbines (including other Supply Items, shipping and insurance) covered by such Turbine Purchase Order (as adjusted to give effect to any Scope Change Orders).

Aggregate Damages. Turbine Supplier’s aggregate liability hereunder for liquidated damages for failure to achieve the Power Curve Percentage Availability Guarantee for all Turbines in a Turbine Purchase Order shall not exceed ten percent (10%) of the total Purchase Price for all Turbines other than the Initial Turbines (including other Supply Items, shipping and insurance) covered by such Turbine Purchase Order (as adjusted to give effect to any Scope Change Orders).