Limitation on Liquidated Damages. Notwithstanding any other provision of this Agreement to the contrary, the aggregate liquidated damages paid by Seller during each Contract Year for the Performance Metrics LDs, such payments by Seller to include but not be limited to any set-offs or draws made by Company during such Contract Year pursuant to Section 2.12(a) (Payment of Liquidated Damages), shall not exceed the total of the twelve (12) monthly Lump Sum Payments payable during such Contract Year pursuant to Section 2.3 (Lump Sum Payment) and Section 2.17 (Payment Procedures). For avoidance of doubt: A monthly Lump Sum Payment that is invoiced by Seller to Company pursuant to Section 2.16 (Seller's Preparation of the Monthly Invoice) for, e.g., the twelfth (12th) calendar month of Contract Year N but is paid during Contract Year N+1 as provided in Section 2.17 (Payment Procedures) shall, for purposes of determining the limitation on Performance Metrics LDs under this Section 2.12(b) (Limitation on Liquidated Damages), be included in the total of the twelve (12) monthly Lump Sum Payments payable during Contract Year N+1. As a result of the foregoing, the total of the monthly Lump Sum Payments used to establish the limitation on Performance Metrics LDs for the initial Contract Year under this Section 2.12(b) (Limitation on Liquidated Damages) will be less than twelve (12). The Parties acknowledge that, because the monthly Lump Sum Payment is subject to adjustment (including downward adjustment) as provided in Section 2.3 (Lump Sum Payment), it is possible that a downward adjustment in some or all of the monthly Xxx Sum Payments payable during a Contract Year might cause the Performance Metrics LDs paid by Seller during the course of such Contract Year to exceed the limitation on the Performance Metrics LDs for such Contract Year established at the close of such Contract Year pursuant to the first sentence of this Section 2.12(b) (Limitation on Liquidated Damages). In such case, Company shall promptly upon the determination that the Performance Metrics LDs paid during the course of such Contract Year exceeded the limitation on Performance Metrics LDs for such Contract Year (and in no event more than forty-five (45) Business Days from the end of such Contract Year) repay such excess amount to Seller without interest.
Limitation on Liquidated Damages. Notwithstanding anything to the contrary contained herein, in no event shall an Indemnifying Party have an obligation to indemnify, defend, hold the Indemnified Party harmless or reimburse the Indemnified Party or its Customers for any Loss arising out of a Claim for liquidated damages asserted against such Indemnified Party.
Limitation on Liquidated Damages. Notwithstanding the other provisions of this Section 2, in no event shall the Company be liable for liquidated damages in excess of an aggregate of 24% of the aggregate purchase price paid by the Investors pursuant to the Purchase Agreement.
Limitation on Liquidated Damages. The Seller’s aggregate liability for liquidated damages for delay in Shipment of the Major Components and for delay in Commercial Operation under Article 17, and for failure to achieve the Power Curve Guarantee under Article 18 for each Project shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.
Limitation on Liquidated Damages. Contractor’s liability to Concessionaire under this Agreement for Late Completion Payments and Additional Contractor Delay Payments shall not exceed an amount equal to forty percent (40%) of the Contract Sum. This Section 7.6 shall not be construed to limit Contractor’s other obligations or liabilities arising under or in connection with this Agreement.
Limitation on Liquidated Damages. Notwithstanding anything to the contrary set forth in this Section 2.5, Supplier shall not be liable for liquidated damages pursuant to Sections 2.5.2 and 2.5.3 if (i) the ICAP Credit amount is 80% or more of the Committed Capacity Amount and (ii) the number of customer installations verified by the ISO equals or exceeds the number of customer installations set forth on Schedule IV.
Limitation on Liquidated Damages. Notwithstanding the other provisions of this Section 3, (i) in no event shall the Company be liable for liquidated damages in excess of an aggregate of 6.0% of the aggregate amount invested by the Rights Holders pursuant to the Purchase Agreement and (ii) in no event shall liquidated damages payable to any Rights Holder exceed 6% of the aggregate amount invested by such Rights Holder.
Limitation on Liquidated Damages. Liquidated damages calculable under Section 1.8 of this Warrant shall not accrue for the same days that liquidated damages are accruing under Section 1.7 above in relation to the same Warrant Shares. The maximum amount of liquidated damages or other payments in connection with Sections 1.7 and 1.8 shall not exceed 15% of the maximum amount of the Obligations (as defined in the Registration Rights Agreement) outstanding as of the Issue Date. At the election of the Company, any liquidated damages or other amounts payable under Sections 1.7 or 1.8 may be paid in either (a) shares of Common Stock, the number of which shall be calculated by dividing the total amount of liquidated damages (including any interest thereon) by the lesser of $1.75 or 60% of the average of the three lowest closing bid prices of the Common Stock as reported by Bloomberg L.P. for the Principal Market for the twenty Trading Days preceding each required payment date; or (b) in cash or other immediately available funds. Liquidated damages payable pursuant to Sections 1.7 and 1.8 hereunder and pursuant to the Registration Rights Agreement may not exceed in the aggregate, 945,507 shares of Common Stock.
Limitation on Liquidated Damages. Notwithstanding the other provisions of this Section 2, in no event shall the Company be liable for liquidated damages in excess of an aggregate of $3,000,000.
Limitation on Liquidated Damages. Contractor’s liability to Concessionaire under this Agreement for Late Substantial Completion Payments shall not exceed an amount equal to the product of (x) the sum of the applicable Concessionaire Delay Damages Rate plus $21,000, multiplied by (y) 365; provided, that the foregoing limitation shall not apply if Contractor agrees to continue paying Late Substantial Completion Payments notwithstanding the foregoing limit and Concessionaire agrees to forestall exercise of its termination right under Section 15.2(iv) during a period to be agreed by the Parties. This Section 7.6 shall not be construed to limit Contractor’s other obligations or liabilities arising under or in connection with this Agreement.
