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.
Appears in 2 contracts
Sources: Biodiesel Sale and Purchase Agreement, Biodiesel Sale and Purchase Agreement (Iowa Renewable Energy, LLC)