Shawmut-Canton, LLC v. Great Spring Waters of America

van Gestel, J.

This matter is before the Court on a motion for summary judgment on damages by the plaintiff, Shawmut-Canton, LLC (“Shawmut”). Summary judgment in favor of Shawmut on liability was granted on December 26,2001. See Memorandum and Order on Motions for Summary Judgment [14 Mass. L. Rptr. 240).

BACKGROUND

Section 13.1(c) of the Lease between Shawmut and Great Spring Waters of America, Inc. (“Great Spring Waters”) is a liquidated damages clause that Shawmut now seeks to apply, this Court having determined that Great Spring Waters, as tenant, is in default. Section 13.1(c) provides as…