Scope of termination costs. The parties agree that Termination Costs are, and are intended to be, a reasonable and good faith pre-estimate of the anticipated or actual loss or damage suffered or incurred by Powerlink because of the relevant termination event, and are not a penalty. If the Termination Costs are found for any reason to be void, invalid or otherwise unenforceable so as to disentitle Powerlink from recovering those Termination Costs, then Powerlink is entitled to recover from the Customer damages at common law for the loss or damage suffered or incurred by Powerlink because of the relevant termination event. The Customer’s liability for any such common law damages will not exceed the amount of Termination Costs that would have been payable under item 2.1 ("Amount of Termination Costs") if those termination costs had been enforceable.
Scope of termination costs. The parties agree that Termination Costs are, and are intended to be, a reasonable and good faith pre-estimate of the anticipated or actual loss or damage suffered or incurred by Powerlink because of the relevant termination event, and are not a penalty. If the Termination Costs are found for any reason to be void, invalid or otherwise unenforceable so as to disentitle Powerlink from recovering those Termination Costs, then Powerlink is entitled to recover from the Generator damages at common law for the loss or damage suffered or incurred by Powerlink because of the relevant termination event. The Generator’s liability for any such common law damages will not exceed the amount of Termination Costs that would have been payable under item 2.1 ("Amount of Termination Costs") if those termination costs had been enforceable. To avoid doubt, a reference in clause 23 (“Termination costs”) to “other money payable” means money not included in any amounts set out in item 2.1 (to ensure no double recovery by Powerlink).
