Common use of Contingent Firm RA Product Clause in Contracts

Contingent Firm RA Product. Seller shall provide Buyer with the Product from the Units in the amount of the Contract Quantity. If the Units are not available to deliver any portion of the Product, in accordance with Section 3.6 and 3.7, for any reason other than an event of a Planned Outage or reduction in Unit NQC, as described in Section 3.3 (a) and (b) respectively, Seller shall provide Buyer with Replacement Capacity from one or more Replacement Units pursuant to Section 5.1. If Seller fails to provide Buyer with such Replacement Capacity pursuant to Section 5.1, then Seller shall be liable for damages and/or indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5. If the Units provide less than the full amount of the Contract Quantity in the event of a Planned Outage or a reduction to Unit NQC, then Seller shall not provide Buyer with Replacement Capacity and Seller is not liable for damages and/or required to indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5 for the Contract Quantity reductions in Sections 3.3(a) or 3.3(b).

Contingent Firm RA Product. Seller shall provide Buyer with the Product from the Units in the amount of the Contract Quantity. If the Units are not available to deliver any portion of the Product, Product in accordance with Section Sections 3.6 and 3.7, for any reason other than an event of a Planned Outage or reduction in Unit NQC, as described in Section 3.3 (a) and (b) respectively, then Seller shall provide Buyer with Replacement Capacity from one or more Replacement Units pursuant to Section 5.15.1 except for the events in Sections 3.3 (a)-(c). If Seller fails to provide Buyer with such Replacement Capacity pursuant to Section 5.15.1 or Seller fails to comply with the Planned Outage scheduling obligations in Section 3.3(a), then Seller shall be liable for damages and/or indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5Sections 5.2 and 5.3. If the Units provide less than the full amount of the Contract Quantity due to the events in the event of a Planned Outage or a reduction to Unit NQCSections 3.3 (a)-(c), then Seller shall not provide Buyer with Replacement Capacity and Seller is not liable for damages and/or required to indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5 for the Contract Quantity reductions in Sections 3.3(a) or 3.3(b3.3(a)-(c).