[§46-87]  Liquidated damages.  Any other
law to the contrary notwithstanding, a contract for the provision of utility
services, goods, or commodities, including water or electrical energy, by a
county or by a project party, may provide for the payment of liquidated damages
by a purchaser or by the project party; provided that such liquidated damages
provision shall be deemed reasonable and shall be enforceable if measured and
established by reference to the proportionate relationship of the payments owed
by the party subject to the liquidated damages provision to the total costs of
the pollution control project, the cost of maintenance, operation, and repair
thereof, and to the total operating capacity thereof. [L 1983, c 237, pt of §3]