Common use of Liquidated Damages as Exclusive Remedy Clause in Contracts

Liquidated Damages as Exclusive Remedy. 1. Delay Liquidated Damages shall be Owner’s sole and exclusive remedy, and the sole and exclusive liability of Contractor, for delay as set forth in Section 13.1; provided that, this Section 20.3B.1 shall not be interpreted to preclude Owner from (i) terminating Contractor’s performance of the Work pursuant to Section 11.4B(b) or (ii) terminating Contractor pursuant to Section 5.5A.

Appears in 15 contracts

Samples: Escrow Agreement (Sabine Pass Liquefaction, LLC), Procurement and Construction Agreement (Cheniere Corpus Christi Holdings, LLC), Procurement and Construction Agreement (Cheniere Energy Inc)

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Liquidated Damages as Exclusive Remedy. 1. Delay Liquidated Damages shall be Owner’s sole and exclusive remedy, and the sole and exclusive liability of Contractor, for delay as set forth in Section 13.1; provided that, this Section 20.3B.1 shall not be interpreted to preclude Owner from (i) terminating Contractor’s performance of the Work pursuant to Section 11.4B(b11.5B(b) or (ii) terminating Contractor pursuant to Section 5.5A.

Appears in 4 contracts

Samples: Escrow Agreement (Tellurian Inc. /De/), Procurement and Construction Agreement (Tellurian Inc. /De/), Procurement and Construction Agreement (Tellurian Inc. /De/)

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Liquidated Damages as Exclusive Remedy. 1. Delay Liquidated Damages shall be Owner’s sole and exclusive damages and remedy, and the sole and exclusive liability of Contractor, for delay as set forth in Section 13.1; provided that, except Owner shall be entitled to also terminate this Agreement for delay under Section 20.3B.1 shall not be interpreted 16.1A(iii) and, if so terminated under Section 16.1, Owner is entitled to, as with respect to preclude damages incurred by Owner from (i) terminating Contractor’s performance of the Work pursuant to for delay, such delay damages set forth in Section 11.4B(b) or (ii) terminating Contractor pursuant to Section 5.5A.16.1B.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Cheniere Energy Inc)

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