Delivery Shortfalls Clause Samples

Delivery Shortfalls. All deliveries and receipts shall, if applicable, be made ratably during each month in accordance with the monthly schedule indicated in the Confirmed Order. If Seller's Deliveries are more than 5% below the scheduled volume in any month, Purchaser shall inform Seller of such shortfall as soon as reasonably practicable. In addition to any other right contained herein, Purchaser shall then have the right to make adjustments to mitigate its losses - including, but not limited to, buying the volume shortfall from other parties. Seller shall compensate Purchaser for any replacement price in excess of the Price as well as all other reasonable costs of mitigation incurred by Purchaser. However, Seller shall not be liable in any way under this Agreement for any fees or damages due to shortfalls in Deliveries that are the direct result of Purchaser's failure to deliver Feedstock under the Feedstock Agreement.

Delivery Shortfalls. In the event of any shortfall for any reason in the volume of Refined Products available for sale or delivery by North America Seller, such shortfall shall be allocated between Traxys and Glencore on a 50-50 basis.

Delivery Shortfalls. Capacity Commitment‌ [Note: This section will only be included for Sellers that made a capacity commitment in their Proposal.] Following the end of each Capacity Commitment Period, the Buyer will assess the Seller’s performance of its obligations in section 7.3 during the entire Capacity Commitment Period. If the Seller failed to deliver the full amount of the Designated Capacity Commitment in at least 95% of the individual Eligible Hours (as defined below) during the Capacity Commitment Period, the Seller shall pay liquidated damages to the Buyer for that Capacity Commitment Period (the “Delivery Shortfall LDs”), calculated as follows: Delivery Shortfall LDs: = $58,000/MWh; multiplied by CPIJan 1,N/CPIJan1,2024; multiplied by the Designated Capacity Commitment less the Deemed Delivered Capacity Commitment for the Capacity Commitment Period, where:

Delivery Shortfalls. Unless otherwise directed in writing by Buyer within [*] after Buyer's receipt of notice from BIP under Section 4.5(b) above that a manufacturing shortfall and/or delay as described above is over, BIP shall use all commercially reasonable efforts to make up all shortfalls in delivery in accordance with a Firm Order as promptly as possible and shall promptly supply Bulk Drug Substance, Drug Product and Finished Product (as applicable) to Immunex, Wyeth and/or their respective designee, as appropriate, to meet such Firm Order.

Delivery Shortfalls. ▇▇▇▇▇▇ shall make up any shortages in the delivered Client Product as promptly as possible, and will deliver to Client a corrective action plan within *** (***) days after receipt of Client’s notification of such shortfall. For clarity, yields are subject to variances and uncertainties, and are not guaranteed. Unexpected yields shall not be the responsibility of ▇▇▇▇▇▇ unless due to the negligence or willful misconduct of ▇▇▇▇▇▇ in adhering to a requirement of the MBR.

Delivery Shortfalls. If, at the end of a Contract Year, the Subscriber’s Allocated Percentage of Delivered Energy for such Contract Year is less than the Guaranteed Output (the “Shortfall Amount”), then Operator shall pay Subscriber an amount equal to the excess, if any, of (1) the difference between the Bill Credits that Subscriber would have received and the Payments that would have been due had the Shortfall Amount been delivered over (2) the difference between the Bill Credits that Subscriber actually received and the Payments that were actually received, in each case with respect to such Contract Year. Operator shall make such payment within forty five (45) days of the end of each Contract Year.

Delivery Shortfalls. (a) Seller shall guarantee delivery of a minimum of ninety percent (90%) of the kilowatt hours of Energy set forth in Appendix B for the relevant Contract Year to the Delivery Point (“Energy Amount”) in each Contract Year. If Seller fails to deliver a minimum of ninety percent (90%) of the Energy Amount then Buyer shall deduct from amounts due to Seller an amount equal to the Shortfall Energy multiplied by the Replacement Power Cost (the “Shortfall Payment”). In the event that any amount of the Shortfall Payment due to Buyer remains outstanding four (4) months following Buyer’s determination thereof as set forth in Buyer’s notice described in Article 4.3(b) below, Seller shall pay to Buyer the full amount that remains outstanding within ten (10) Business Days of receipt of a demand for payment from Buyer. (b) In the event Buyer determines that Seller owes a Shortfall Payment, Buyer shall send a written notice to Seller wherein Buyer sets forth such determination in reasonable detail. Seller shall have fifteen (15) Business Days after receipt of such notice to review Buyer’s determination and at any time within such fifteen (15) Business Day period send written notice to Buyer under which Seller disputes, in whole or in part, Buyer’s determination. Unless otherwise agreed, if Seller disputes, in whole or in part, and undisputed amount of the Shortfall Payment against payments owed to Seller as provided under Article 4.3(a) above and to the extent such off-sets are insufficient, Seller shall pay to Buyer the full amount that is owed after taking into account any off-sets as provided under Article 4.3(a) above. In the event Seller does not send any written notice to Buyer within such period, Seller shall be deemed to have accepted ▇▇▇▇▇’s determination. In the event Seller challenges ▇▇▇▇▇’s determination then the Parties shall use good faith efforts to resolve any disputes promptly. In the event that a disputed amount is resolved in favor of Seller, such amount (to the extent resolved in favor of Seller) shall be promptly reimbursed or paid to Seller. If Seller does not pay such amount when due and the amounts owed by Buyer to Seller are less than the amounts owed from Seller to Buyer, Buyer shall then have the right to draw such amount from Seller’s Letter of Credit.