Liquidated Damages Cap Clause Samples
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Liquidated Damages Cap. 22.3.1 The total amount of Contractor’s obligations to pay Schedule Delay Liquidated Damages pursuant to Section 22.2 shall not exceed the following amounts:
(a) LPS1 Schedule Delay Liquidated Damages shall not exceed [***] (the “LPS1 Schedule Delay Liquidated Damages Cap”);
(b) LPS2 Schedule Delay Liquidated Damages shall not exceed [***] (the “LPS2 Schedule Delay Liquidated Damages Cap”);
(c) LPS3 Schedule Delay Liquidated Damages shall not exceed [***] (the “LPS3 Schedule Delay Liquidated Damages Cap”);
(d) LPS4 Schedule Delay Liquidated Damages shall not exceed [***] (the “LPS4 Schedule Delay Liquidated Damages Cap”); and
(e) Facility Schedule Delay Liquidated Damages shall not exceed [***] (the “Facility Schedule Delay Liquidated Damages Cap”).
22.3.2 The total amount of Contractor’s obligations to pay Schedule Delay Liquidated Damages hereunder shall not exceed [***] in the aggregate.
22.3.3 If at any time Contractor is as a result of the operation of Section 22.3.1 or Section 22.3.2 no longer liable hereunder to pay Schedule Delay Liquidated Damages, then Owner may terminate this Agreement in accordance with Sections 31.1.17 and 31.4 or continue to permit Contractor to progress the Work in accordance with the requirements of this Agreement.
Liquidated Damages Cap. 22.3.1 The total amount of Contractor’s obligations to pay Schedule Delay Liquidated Damages pursuant to Section 22.2 shall not exceed the following amounts:
(a) LPS5 Schedule Delay Liquidated Damages shall not exceed [***] (the “LPS5 Schedule Delay Liquidated Damages Cap”);
(b) LPS6 Schedule Delay Liquidated Damages shall not exceed [***] (the “LPS6 Schedule Delay Liquidated Damages Cap”); and
(c) Facility Schedule Delay Liquidated Damages shall not exceed [***] (the “Facility Schedule Delay Liquidated Damages Cap”).
22.3.2 The total amount of Contractor’s obligations to pay Schedule Delay Liquidated Damages hereunder shall not exceed [***] in the aggregate.
22.3.3 If at any time Contractor is as a result of the operation of Section 22.3.1 or Section 22.3.2 no longer liable hereunder to pay Schedule Delay Liquidated Damages, then Owner may terminate this Agreement in accordance with Sections 31.1.17 and 31.4 or continue to permit Contractor to progress the Work in accordance with the requirements of this Agreement.
Liquidated Damages Cap. The amount of Liquidated Damages (whether paid or payable) equals or exceeds the maximum aggregate liability for Liquidated Damages as provided in Section 13.3;
Liquidated Damages Cap. O&M Contractor’s maximum aggregate annual liability for Performance Liquidated Damages, ▇▇▇▇ Availability Liquidated Damages and ▇▇▇▇ ▇▇ Efficiency Liquidated Damages under Sections 10.2, 10.3, and
Liquidated Damages Cap. Notwithstanding anything contained in Sections 2(a)(i), 2(a)(ii) and 2(c)(i) to the contrary, the maximum liquidated damages payment an Investor may receive pursuant to the provisions of those sections shall equal 5% of the aggregate purchase price paid by such Investor for the Shares pursuant to the Purchase Agreement.
Liquidated Damages Cap. The total amount of Liquidated Damages -payable under the Contract shall not exceed the sum of 10% of the Contract Price ("LD Cap"). Notwithstanding it is hereby clarified that in the event of breach of the Contract by the Contractor, which event leads to termination of the Contract by Municipality, the aforesaid LD Cap shall not apply and Municipality shall not be prevented from seeking actual damages incurred in any event it had experienced due to such breach, actual damages which exceed the LD Cap.