Extract to table

For the avoidance of doubt, Owner's liability for liquidated damages under this Clause 28 shall be without prejudice to Charterer's right to claim additional actual damages to the extent such damages exceed the liquidated damages calculated hereunder, provided that any such claim for additional actual damages shall be subject to the limitations set forth in Clause 29

The goal of contract interpretation is to "determine the intention of the parties as derived from the language employed" in the contract, and where the language is clear and unambiguous, the intent of the parties must be found within the four corners of the document

The second sentence of Clause 28 provides that "Owner's liability for liquidated damages under this Clause 28 shall be without prejudice to Charterer's right to claim additional actual damages to the extent such damages exceed the liquidated damages calculated hereunder

2d 208 (2002), the Court of Appeals distinguished between per-occurrence and aggregate policy limits in the insurance context, emphasizing that the specific language of the limitation provision must be examined to determine whether a cap applies to each occurrence or to total exposure

A court applying the rule that every word in a contract must be given effect could find this argument persuasive