Cap on Total Performance Liquidated Damages and Performance Stipulated Damages. Subject to the provisions of Section 17.1, TSP shall have no monetary liability under this Contract for damages arising out of an individual failure of the TCS to meet the Guaranteed Performance Requirements addressed in Exhibit N or in Section 4.10.7.2, except (i) if such failure also results in or triggers a separate or additional default or breach of this Contract; (ii) for the Performance Liquidated Damages and the Performance Stipulated Damages, accruing in total up to such capped amount plus any interest due pursuant to Section 12.7, and (iii) for all reasonable sums the Joint Board incurs to enforce its rights to such damages.
Appears in 6 contracts
Samples: Toll Services Agreement, Toll Services Agreement, Toll Services Agreement
