Common use of Delivery Shortfall Clause in Contracts

Delivery Shortfall. If Seller has not transferred all or part of the NEPOOL-GIS Certificates as required pursuant to Section 4.1 above (a “Shortfall”), Seller agrees to pay Buyer an amount equal to the product of (i) the number of NEPOOL-GIS Certificates which constitute the Shortfall, and (ii) the positive difference, if any, of the applicable Alternative Compliance Rate set forth in the applicable RPS or APS Regulations less the applicable NEPOOL-GIS Certificate Purchase Price the Buyer would have paid to Seller under this Agreement for each Undelivered Certificate if the same had actually been delivered hereunder as and when required.

Delivery Shortfall. If Seller has not transferred all or part of the NEPOOL-GIS Certificates as required pursuant to Section 4.1 above (a “Shortfall”), Seller agrees to pay Buyer an amount equal to the product of (i) the number of NEPOOL-GIS Certificates which constitute the Shortfall, and (ii) the positive difference, if any, of the applicable Alternative Compliance Rate set forth in the applicable RPS RPS, APS or APS CPS Regulations less the applicable NEPOOL-GIS Certificate Purchase Price the Buyer would have paid to Seller under this Agreement for each Undelivered Certificate if the same had actually been delivered hereunder as and when required.