41. In the event certain plant availability targets are not met, availability liquidated damages may be payable by Eraring Energy to Origin Energy. 42. As respondents themselves concede, the trustee is attempting in this case to collect liquidated damages in violation of the ICC's credit regulations. 43. The contract stipulated the levy of liquidated damages for the delays and the same worked out to the equivalent of 38.5 million. 44. It is a commonplace that a seller of goods may exclude liability for consequential loss, and may agree liquidated damages for delay. 45. It is not against the mores, public policy or the law for the Governor to negotiate a liquidated damages provision in a contract. 46. The charge that cannot be collected is, as respondents themselves concede, Tr . of Oral Arg . 24, the charge for liquidated damages . 47. Claiborne and other manufacturers that violate the agreement are liable to the union for liquidated damages based on the volume of nonunion work. 48. If compliance is not met, liquidated damages penalties up to $ 5, 000 may be issued by the local port for each violation. 49. The Court emphasizes that liquidated damages under the ADEA are punitive in nature, ante, at 8, but it is an emphasis without relevance. 50. In the industry, such payments are called " liquidated damages , " and they are negotiated during contract talks with manufacturers every three years.
