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