ABSTRACT
Cap”). [In no event shall the Contractor’s liability for Loss of Availability Damages exceed <<insert number>> percent of the Contract Price as such may change by Price Adjustment from time to time.]
18.4.3 The Contractor’s liability with respect to a failure of the Facility to achieve the Facility Minimum Performance Levels or to meet the requirements of applicable Laws and achieve Facility Provisional Acceptance shall not be limited in any way.
