Common use of Buyer’s Failure to Receive Clause in Contracts

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 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 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 for each Receipt Deadline a Season and Source Zone by the relevant Receipt Deadline and such failure is not excused by a result of Seller’s failure to perform or excused 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 ACP of the Compliance Zone ACP applicable to such Season from the applicable Contract Price multiplied by the days in Planning Year the applicable Season and multiplying such positive differenceamount, 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.