Having negotiated and drafted thousands of these contracts, I can tell you "fer suuure" that RDC and BP are equally matched. BP will not have left itself exposed to a claim for RDC's consequnetial damages or indirect losses by reason of BP's breach. It's either gonna be RDC's actual damages caused by BP's breach or a liquidated damages i.e. fixed in advance sum of money. What BP is trying to do is lower even that latter (usually lesser) sum of money by claiming that RDc breached the contract first entitling BP to terminate it. You are correct however that the parties are likely to negotiate a mutually satisfactory solution unless BP is actually right! So, there will be no huge pot of $$$$ at the end - just the settlement amount.