Extract to table

The movant must affirmatively demonstrate the merits of its position; it is not sufficient merely to point to gaps in the opposing party's proof

The evidence must be viewed in the light most favorable to the non-moving party, and all reasonable inferences must be resolved in favor of the non-movant

The opponent must then produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact that would require a trial

2d 312, 319 (1989) (holding that damages must have been within the contemplation of the parties at the time of contracting and must flow directly and naturally from the breach to be considered general, as opposed to consequential, damages)

• Per-Milestone Cap: Liquidated damages for any individual milestone shall not exceed 10% of the milestone value as set forth in Exhibit B

• Aggregate Cap: Total liquidated damages under the Agreement shall not exceed 5% of the Total Contract Price ($1,200,000,000 × 5% = $60,000,000)