Ravenstar, LLC v. One Ski Hill Place, LLC

delivered the • Opinion of the Court,

¶1 This ease requires us to determine whether a liquidated damages clause in a contract is invalid because the contract gives the non-breaching party the option to choose between liquidated damages and actual damages. 1 We hold that such an option does not invalidate the clause and' inátead parties are free to contract for a damages provision that allows a non-breaching party to elect between liquidated damages and actual damages. However, such an option must be exclusive, meaning a party who elects to pursue one of the available remedies may not also…