Common use of CES Failure Clause in Contracts

CES Failure. If CES fails to Schedule and/or deliver all or part of the Gas required to be delivered hereunder or fails to accept and receive any Power Products to be delivered hereunder, and such failure is not excused by the Company's failure to perform, then CES shall nonetheless continue to pay the Company the Contract Price as provided in Article Four; provided, that if CES fails to deliver sufficient Gas to enable the Company to satisfy its obligations under a Host Agreement, a Direct Power Purchase Agreement or another Power Purchase Agreement, and such failure is not excused by Force Majeure or the Company's failure to perform, then CES shall be liable for any costs related to replacement Gas required by the Company to enable it to satisfy its obligations under such Host Agreement, Direct Power Purchase Agreement or other Power Purchase Agreement in excess of the amount such Gas would have cost the Company under this Agreement. If CES willfully fails to Schedule and/or deliver all or part of the Gas required to be delivered hereunder with respect to a Facility or willfully fails to accept and receive any Contrqacted Power Products to be delivered hereunder with respect to a Facility, such failure continues for more than ten (10) Days after written notice, and such failure is not excused by Force Majeure or the Company's failure to perform, then the Company shall have the right to deliver a Termination Notice and to terminate this Agreement with respect to such Facility only pursuant to Section 5.2.

CES Failure. If CES fails to Schedule and/or deliver all or part of the Gas required to be delivered hereunder or fails to accept and receive any Power Products to be delivered hereunder, and such failure is not excused by the Company's failure to perform, then CES shall nonetheless continue to pay the Company the Contract Price as provided in Article Four; provided, that if CES fails to deliver sufficient Gas to enable the Company a Facility Owner to satisfy its obligations under a Host Agreement, a Direct Power Purchase Agreement or another Power Purchase Agreementthe RMR Agreements, and such failure is not excused by Force Majeure or the Companysuch Facility Owner's failure to perform, then CES shall be liable for any costs related to replacement Gas required by the Company such Facility Owner to enable it to satisfy its obligations under such Host Agreement, Direct Power Purchase Agreement or other Power Purchase Agreement the RMR Agreements in excess of the amount such Gas would have cost the Company such Facility Owner under this Agreement. If CES willfully fails to Schedule and/or deliver all or part of the Gas required to be delivered hereunder with respect to a Facility or willfully fails to accept and receive any Contrqacted Power Products to be delivered hereunder with respect to a Facility, such failure continues for more than ten (10) Days after written notice, and such failure is not excused by Force Majeure or the Company's failure to perform, then the Company shall have the right to deliver a Termination Notice and to terminate this Agreement with respect to such Facility only pursuant to Section 5.2.