HEARING ON MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION

FILED BY CANADIAN SOLAR (USA) INC.

* TENTATIVE RULING: *

The Court rules as follows on the motion for summary judgment or summary adjudication brought by defendant Canadian Solar (USA), Inc. The motion is opposed by plaintiff Cypress Creek EPC, LLC.

Defendant Canadian’s motion is denied. The basis for this ruling is as follows.

A. Summary Of Ruling.

The limitation of liability clause in the master contract reads as follows:

9.2 Unless otherwise provided by applicable law, seller’s aggregate liability, if any, in damages or otherwise, shall not exceed 125% of the total contract price paid to seller by buyer for the applicable products furnished that gave rise to the claim.

The Court finds plaintiff Cypress’s interpretation of this clause far more plausible than defendant Canadian’s interpretation. The phrase “aggregate liability” plainly refers to those liabilities specifically identified in the master contract, incl