Sole Remedy; Cumulative. Except as provided in Section 4.10, the Delay Liquidated Damages payable hereunder are the Joint Board’s sole monetary remedy for TSP’s failure to achieve Completion Deadlines, and the Joint Board hereby waives all other remedies available at law or in equity with respect to losses resulting from such late performance during the first 90 days of TSP’s failure to achieve a Completion Deadline. After 90 days, the Joint Board shall have all other remedies available under this Contract, including the right to terminate TSP for a TSP Event of Default as set forth in Section 16. The Delay Liquidated Damages under this Section 4.12 are cumulative and may be aggregated if multiple deadlines are not achieved.
Appears in 6 contracts
Samples: Toll Services Agreement, Toll Services Agreement, Toll Services Agreement
