Buyer’s Failure to Receive. In the event that Buyer fails to receive all or part of the Product specified for each Receipt Deadline by the relevant Receipt Deadline and such failure is not excused by Seller’s failure to perform or by an event of Force Majeure, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the Compliance Zone ACP from the Contract Price multiplied by the days in Planning Year and multiplying such positive difference, if any, by the portion of the Contract Quantity which Buyer failed to receive. The invoice from Seller to Buyer for any amount owed by Buyer to Seller pursuant to this provision shall include a written statement explaining in reasonable detail the calculation of such amount.
Buyer’s Failure to Receive. In the event that Buyer fails to receive all or part of the Product specified by the Receipt Deadline and such failure is not excused by Seller’s failure to perform or by an event of Force Majeure, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price and multiplying such positive difference, if any, by the portion of the Contract Quantity which Buyer failed to receive; provided, however, that if Seller, after using commercially reasonable efforts, is unable to resell all or a portion of the Contract Quantity which Buyer failed to receive, the Sales Price with respect to such Contract Quantity that Seller is unable to resell shall be deemed to be equal to zero (0). “Sales Price” means the price at which Seller, acting in a commercially reasonable manner, resells the Product not received by Buyer or, absent a sale, the market price for such Product as determined by Seller in a commercially reasonable manner.
Buyer’s Failure to Receive. In the event that Buyer fails to receive all or part of the Product specified for each Receipt Deadline by the relevant Receipt Deadline and such failure is not excused by Seller’s failure to perform or by an event of Force Majeure, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price and multiplying such positive difference, if any, by the portion of the Contract Quantity which Buyer failed to receive; provided, however, that if Seller, after using commercially reasonable efforts, is unable to resell all or a portion of the Contract Quantity which Buyer failed to receive, the Sales Price with respect to such Contract Quantity that Seller is unable to resell shall be deemed to be equal to zero (0). “Sales Price” means the Auction Clearing Price for the Zone where Product is required to be delivered under this Confirmation Agreement.
Buyer’s Failure to Receive. If, for any Season during any Planning Period during the Capacity Credit Term, Buyer fails to receive all or any portion of the Contract Quantity for such Season by the Receipt Deadline for such Planning Period due to Buyer’s failure to perform in accordance with the terms hereof, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt from Seller, an amount equal to the positive difference, if any, obtained by (a) subtracting the applicable Monthly Auction Clearing Price for a Capacity Credit sourced from Local Resource Zone 9 for such Season for the Planning Period in which such Season occurs from the applicable Contract Price for such Season and (b) multiplying (1) such positive difference, if any, by (2) the portion of the Contract Quantity that Buyer failed to receive for any month during such Season.
Buyer’s Failure to Receive. If on any Day Buyer fails to purchase and receive the DCQ (unless Seller has failed to deliver), then such occurrence shall constitute a "Buyer's Deficiency Default" and “Buyer's Deficiency Quantity” shall be the difference between the DCQ and the quantity of Gas received by Buyer for such Day; provided, if a MinPQ is applicable to a Transaction, if Buyer fails to purchase and receive the MinPQ for any Month, then such occurrence shall constitute a "Buyer's Deficiency Default" (unless Seller has failed to deliver), and “Buyer's Deficiency Quantity” shall be the difference between the MinPQ for such Month and the quantity of Gas received by Buyer for such Month. In the event of a Buyer's Deficiency Default, Buyer shall pay Seller the sum of the following: (i) an amount equal to the product of the Energy Content of Buyer's Deficiency Quantity multiplied by the Replacement Price Differential; plus (ii) an amount as liquidated damages equal to $0.15 multiplied by the Energy Content of the Buyer's Deficiency Quantity to cover Seller's administrative and operational costs; plus (iii) all pipeline penalties incurred by Seller as a result of the Buyer’s Deficiency Default.
Buyer’s Failure to Receive. Unless performance is excused by another provision of this Agreement, if Buyer fails to Schedule the MinPQ for any Month, then such occurrence shall constitute a "Buyer's Deficiency Default" and Buyer's Deficiency Quantity shall be the difference between the MinPQ for such Month and the quantity of Gas Scheduled for such Month. In the event of a Buyer's Deficiency Default, Buyer shall pay Seller on the date set forth below, an amount, as liquidated damages, equal to the sum of the following: (i) an amount equal to the product of the energy equivalent of Buyer's Deficiency Quantity multiplied by the Replacement Price Differential plus (ii) an amount equal to $0.15 per GJ multiplied by Buyer's Deficiency Quantity to cover Seller's administrative and operational costs and expenses.
Buyer’s Failure to Receive. In the event that Buyer fails to receive all or part of the Product specified in Table A by the Receipt Deadline and such failure is not excused by Seller’s failure to perform or by an event of Force Majeure, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price and multiplying such positive difference, if any, by the portion of the Contract Quantity which Buyer failed to receive; provided, however, that if Seller, after using commercially reasonable efforts, is unable to resell all or a portion of the Contract Quantity which Buyer failed to receive, the
Buyer’s Failure to Receive. If, for any Planning Period, Buyer fails to receive the Contract Quantity by the Receipt Deadline for such Planning Period due to Buyer’s failure to perform in accordance with the terms hereof, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt from Seller, an amount equal to the positive difference, if any, obtained by (a) subtracting the Market Price from the Contract Price and (b) multiplying (1) such positive difference, if any, by (2) the portion of the Contract Quantity that Buyer failed to receive.
Buyer’s Failure to Receive. Subject to Force Majeure and if applicable based upon Buyer's Performance Obligation, if on any Day Buyer fails to accept tender of delivery of either the Contract Quantity for that Day or, with respect to Firm Swing Performance Obligations, the Scheduled Quantity or the Minimum Daily Quantity, whichever is greater, or if Seller suspends deliveries pursuant to paragraphs 8.6 and/or 8.7 of this Agreement (the resulting deficiency in any case the "Buyer's Daily Deficiency Quantity"), Seller's damages for Buyer's failure to purchase and receive Buyer's Daily Deficiency Quantity shall be (a) the amount, if positive, equal to the product of: (i) the Buyer's Daily Deficiency Quantity times (ii) the difference obtained by subtracting from the Transaction Price the price at which Seller sells (or if Seller does not so sell, the commercially reasonable price at which Seller could sell) contemporaneously at the Delivery Point(s), comparable supplies of Gas and (b) the amount of any unused firm transportation demand charges incurred by the Seller as a direct result of Buyer's failure to receive Buyer's Daily Deficiency Quantity. Seller agrees to act in good faith and in a commercially reasonable manner in selling any Gas Buyer fails to receive so as to minimize Buyer's obligation to Seller under this paragraph.
