take or pay

Firstly, a big thanks to the usual players in this forum for their regular insight and practical views on all things CFU. The calmer heads in this forum help the panic heads like me look at things more philosophically and reaffirm we're in this for the long haul. It certainly helps newbies like me make sense of it all and where our investment is at, so cheers very much lads.

Speaking of newbie questions, this one has bugged me for a while since the 1000 BlueGEN deal went sour, and I probably know the answer, but I'll ask anyway. - oh, and I hate to drag this up again, ..what's done is done, ..but just for my understanding of the deal...

The initial agreement to the market back last year stated ..."Under the agreement SI will purchase from CFU, on a take-or-pay basis, 500 BlueGEN units in CY2014 and a further minimum 500 units in CY2015" ...

Take or Pay. Wikipedia says "the company either takes the product from the supplier or pays the supplier a penalty". It does go on to say this is more common in the gas industry and the law doesn't consider this agreement anything substantially backed. My question is, aren't we liable to pursue the penalty as it was a signed agreement? .. what ever that penalty (say 50% of the purchase price). Was legal proceedings just considered too hard basket for CFU and considered a futile exercise anyway? (not that they had the luxury to splash the cash on legal proceedings). If so, does that mean take-or-pay agreements aren't worth the paper they're written on? Is it possible other "agreements" (like the recent 100 units) cold go the same way?

cheers.