I wonder if that means I will have to front another $5,000 when I want to order my Model S? I wasn't planning on doing that.
From the contract: "No Cancellation. Once you execute this Agreement, the deposit in item 4.E above (if any) becomes nonrefundable (not to exceed $10,000), and this Agreement is binding and you may not cancel [...]. If you fail or refuse to accept delivery of the Vehicle, we may retain as liquidated damages any cash downpayment or deposit made by you, to the extend not prohibited by law. We may reimburse ourselves for any expenses and losses we incur or suffer as a result of your failure or refusal. Such expenses may include our reasonable attorneys' fees, reasonable collections fees, and court costs."
My (IANAL) reading of this is that if all you gave them as a deposit was $5k, that's pretty much all you can lose. I don't think they necessarily would ask for more.