Maximum Liquidated Damages. Design-Builder’s liability for liquidated damages under Section 7.3.1 shall be capped at and shall not exceed One Million Dollars ($1,000,000).
Maximum Liquidated Damages. Design-Builder’s liability for liquidated damages under Section 7.3.1 shall be capped at and shall not exceed [*].
Maximum Liquidated Damages. The maximum amount of liquidated damages due to a Holder will be 20% of the aggregate amount invested by the Holder pursuant to the Purchase Agreement.
Maximum Liquidated Damages. Notwithstanding anything to the contrary in this Agreement, the aggregate amount of the Liquidated Damages payable by the Company under this Agreement to each Holder shall not exceed 10% of the Commitment Amount with respect to such Holder.
Maximum Liquidated Damages. The Purchaser’s maximum entitlement to liquidated damages pursuant to the above is, however 10 % of the total contract sum, excluding VAT.
Maximum Liquidated Damages. Vendor’s liability for all Schedule Liquidated Damages shall not exceed (US) [*]. Vendor shall not be liable for Schedule Liquidated Damages during any period of time for which it is determined that Vendor is entitled to an extension of time due to a Change Event.
Maximum Liquidated Damages. In no event shall the aggregate amount of liquidated damages payable by Contractor pursuant to SECTION 12.1 (Liquidated Damages for Delay in Take Over) and SECTION 12.2 (Liquidated Damages for Performance Deficiency) exceed twenty-five percent of the sum of the EPC Contract Price and the Supply Contract Price (as that term is defined in the Supply Contract) provided however that if Owner shall receive any liquidated damages from Supplier under the Supply Contract, the aggregate amount of liquidated damages payable by Contractor as specified above shall be reduced accordingly.
Maximum Liquidated Damages. Notwithstanding anything to the contrary in this Agreement, (i) the aggregate amount of the Liquidated Damages payable by the Company under this Agreement to each Purchaser shall not exceed 10% of the Liquidated Damages Multiplier with respect to such Purchaser and (ii) if there is a change in the Law or accounting principles generally accepted in the United States that would result in the Purchased Common Units being treated as debt securities instead of equity securities for purposes of the Company’s financial statements, then the aggregate amount of the Liquidated Damages payable by the Company under this Agreement to each Purchaser shall not exceed the maximum amount of the Liquidated Damages Multiplier with respect to such Purchaser allowed for the Purchased Common Units not to be treated as debt securities for purposes of the Company’s financial statements.
Maximum Liquidated Damages. The maximum total liquidated damages assessable in one calendar month shall be no more than $75,000;
Maximum Liquidated Damages. In no event shall Contractor’s aggregate liability (a) under Section 15.1 for Delay Liquidated Damages exceed *** percent (***%) of the portion of the Separated Contract Price applicable to the Unit to which such Delay Liquidated Damages relate; (b) under Section 15.3 for Performance Liquidated Damages exceed *** percent (***%) of the portion of the Separated Contract Price applicable to the Unit to which such Performance Liquidated Damages relate; and (c) in the aggregate under Sections 15.1 and 15.3 exceed *** percent (***%) in the aggregate of the portion of the Separated Contract Price applicable to the Unit to which such liquidated damages relate. Notwithstanding any of the foregoing provisions of this Section 31.2.2, the limitations of this Section 31.2.2 shall not limit Owner’s remedies for any other breach of this Agreement other than a failure of a Unit to achieve Substantial Completion on or before the Substantial Completion Guaranteed Date for such Unit or the failure of a Unit to satisfy the Performance Guarantees. *** CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION. EXECUTION COPY
