Common use of Maximum Guaranteed Amount Clause in Contracts

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] U.S. Dollars ($ ) (the “Maximum Guaranteed Amount”) (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- dollar basis), including costs and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase Agreement. IN NO EVENT WILL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] U.S. Dollars ($ ) (the “Maximum Guaranteed Amount”) (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- dollar‐for‐ dollar basis), including costs and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase Agreement. IN NO EVENT WILL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ [___________] U.S. Dollars ($ $__________) (the “Maximum Guaranteed Amount”) except that the foregoing limitation shall not apply to the extent of any liability resulting from the fraud of the Obligor (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- for-dollar basis), including costs ) and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will shall not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase AgreementBESSA. IN NO EVENT WILL SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGESDAMAGES UNLESS OBLIGOR IS OBLIGATED THEREFORE PURSUANT TO THE BESSA.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] TWO HUNDRED FIFTY THOUSAND U.S. Dollars ($ $250,000) (the “Maximum Guaranteed Amount”) (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- dollar basis), including costs and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will shall not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase Agreement. IN NO EVENT WILL SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES; provided, however, that the preceding clause does not limit Guaranteed Party’s ability to seek available equitable remedies (such as a writ of attachment) solely for the purpose of enforcing any judgment obtained against Guarantor pursuant to this Guaranty.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] [___ U.S. Dollars ($ ) )] (the “Maximum Guaranteed Amount”) Amount”)8 (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- for-dollar basis), including excluding costs and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will shall not either individually or in the aggregate be greater or different in character or extent than the obligations [of Obligor to Guaranteed Party Obligor]9 under the terms of the Power Purchase Agreement. IN NO EVENT WILL SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] U.S. Dollars ($ ) (the “Maximum Guaranteed Amount”) except that the foregoing limitation shall not apply to the extent of any liability resulting from the fraud of the Obligor (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- for-dollar basis), including costs ) and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will shall not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase AgreementPPA. IN NO EVENT WILL SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGESDAMAGES UNLESS OBLIGOR IS OBLIGATED THEREFORE PURSUANT TO THE PPA.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] U.S. Dollars ($ ) (the “Maximum Guaranteed Amount”) (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- for-dollar basis), including costs and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase Agreement. IN NO EVENT WILL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] U.S. Dollars ($ ) (the “Maximum Guaranteed Amount”) except that the foregoing limitation shall not apply to the extent of any liability resulting from the fraud of the Obligor (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- for-dollar basis), including costs ) and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will shall not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase AgreementBESSA. IN NO EVENT WILL SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGESDAMAGES UNLESS OBLIGOR IS OBLIGATED THEREFORE PURSUANT TO THE BESSA.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary herein, Guarantor’s aggregate obligation to Guaranteed Party hereunder is limited to [ ] [___ U.S. Dollars ($ ) )]1 (the “Maximum Guaranteed Amount”) (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty including any indemnification obligations, will shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for- for-dollar basis), including excluding costs and expenses incurred by Guaranteed Party in enforcing this Guaranty, and will shall not either individually or in the aggregate be greater or different in character or extent than the obligations [of Obligor to Guaranteed Party Obligor] under the terms of the Power Purchase Agreement. IN NO EVENT WILL SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES.

Maximum Guaranteed Amount. Notwithstanding anything to the contrary hereincontrary, Guarantor’s 's aggregate obligation to Guaranteed Party hereunder is limited to [ ] U.S. Dollars ($ ) (the “"Maximum Guaranteed Amount”") (it being understood for purposes of calculating the Maximum Guaranteed Amount of Guarantor hereunder that any payment by Guarantor either directly or indirectly to the Guaranteed Party, pursuant to a demand made upon Guarantor by Guaranteed Party or otherwise made by Guarantor pursuant to its obligations under this Guaranty Guarantee, including any indemnification obligations, will shall reduce Guarantor’s 's maximum aggregate liability hereunder on a dollar-for- for-dollar basis), including costs and expenses incurred by Guaranteed Party in enforcing this GuarantyGuarantee, and will shall not either individually or in the aggregate be greater or different in character or extent than the obligations of Obligor to Guaranteed Party under the terms of the Power Purchase Agreement. EXCEPT TO THE EXTENT AUTHORIZED IN THE AGREEMENT, IF AT ALL, GUARANTOR SHALL NOT BE SUBJECT TO ANY CONSEQUENTIAL DAMAGES. IN NO EVENT WILL SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, DAMAGES FOR LOSS OF PROFITS, OR FOR ANY EXEMPLARY, PUNITIVE, TORT TORT, EQUITABLE OR OTHER SIMILAR DAMAGES.