Common use of Failure By Company on Behalf Clause in Contracts

Failure By Company on Behalf. of Customers To Accept BGS-RSCP Supply Tendered By BGS-RSCP Supplier: Damages resulting from the failure of the Company on behalf of Customers to accept BGS-RSCP Supply tendered by the BGS- RSCP Supplier necessary to meet the BGS-RSCP Supplier Responsibility Share of BGS- RSCP Load under this Agreement shall consist of the positive difference (if any) between the amounts that would have been payable to the BGS-RSCP Supplier hereunder had the Company accepted the BGS-RSCP Supply tendered by the BGS-RSCP Supplier necessary to meet the BGS-RSCP Supplier Responsibility Share of BGS-RSCP Load under this Agreement minus the amount realized by the BGS-RSCP Supplier in disposing, in a commercially reasonable manner, of the BGS-RSCP Supply not accepted by the Company; provided, however, that the Company shall not be required to accept on behalf of any Customer, quantities of unbundled Energy, Ancillary Services or other component of BGS- RSCP Supply utilized by Customers on an instantaneous basis as a function of electrical load, in excess of such Customer’s instantaneous consumption of such component of BGS- RSCP Supply.

Failure By Company on Behalf. of Customers To Accept BGS-RSCP CIEP Supply Tendered By BGS-RSCP CIEP Supplier: Damages resulting from the failure of the Company on behalf of Customers to accept BGS-RSCP CIEP Supply tendered by the BGS- RSCP BGS-CIEP Supplier necessary to meet the BGS-RSCP CIEP Supplier Responsibility Share of BGS- RSCP BGS-CIEP Load under this Agreement shall consist of the positive difference (if any) between the amounts that would have been payable to the BGS-RSCP CIEP Supplier hereunder had the Company accepted the BGS-RSCP CIEP Supply tendered by the BGS-RSCP CIEP Supplier necessary to meet the BGS-RSCP CIEP Supplier Responsibility Share of BGS-RSCP CIEP Load under this Agreement minus the amount realized by the BGS-RSCP CIEP Supplier in disposing, in a commercially reasonable manner, of the BGS-RSCP CIEP Supply not accepted by the Company; provided, however, that the Company shall not be required to accept on behalf of any Customer, quantities of unbundled Energy, Ancillary Services or other component of BGS- RSCP CIEP Supply utilized by Customers on an instantaneous basis as a function of electrical load, in excess of such Customer’s instantaneous consumption of such component of BGS- RSCP CIEP Supply.

Failure By Company on Behalf. of Customers To Accept BGS-RSCP Supply Tendered By BGS-RSCP Supplier: Damages resulting from the failure of the Company on behalf of Customers to accept BGS-RSCP Supply tendered by the BGS- RSCP Supplier necessary to meet the BGS-RSCP Supplier Responsibility Share of BGS- RSCP Load under this Agreement shall consist of the positive difference (if any) between the amounts that would have been payable to the BGS-RSCP Supplier hereunder had the Company accepted the BGS-RSCP Supply tendered by the BGS-RSCP Supplier necessary to meet the BGS-RSCP Supplier Responsibility Share of BGS-RSCP Load under this Agreement minus the amount realized by the BGS-RSCP Supplier in disposing, in a commercially reasonable manner, of the BGS-RSCP Supply not accepted by the Company; provided, however, that the Company shall not be required to accept on behalf of any Customer, quantities of unbundled Energy, Ancillary Services or other component of BGS- BGS-RSCP Supply utilized by Customers on an instantaneous basis as a function of electrical load, in excess of such Customer’s instantaneous consumption of such component of BGS- BGS-RSCP Supply.

Failure By Company on Behalf. of Customers To Accept BGS-RSCP CIEP Supply Tendered By BGS-RSCP CIEP Supplier: Damages resulting from the failure of the Company on behalf of Customers to accept BGS-RSCP CIEP Supply tendered by the BGS- RSCP CIEP Supplier necessary to meet the BGS-RSCP CIEP Supplier Responsibility Share of BGS- RSCP CIEP Load under this Agreement shall consist of the positive difference (if any) between the amounts that would have been payable to the BGS-RSCP CIEP Supplier hereunder had the Company accepted the BGS-RSCP CIEP Supply tendered by the BGS-RSCP CIEP Supplier necessary to meet the BGS-RSCP CIEP Supplier Responsibility Share of BGS-RSCP CIEP Load under this Agreement minus the amount realized by the BGS-RSCP CIEP Supplier in disposing, in a commercially reasonable manner, of the BGS-RSCP CIEP Supply not accepted by the Company; provided, however, that the Company shall not be required to accept on behalf of any Customer, quantities of unbundled Energy, Ancillary Services or other component of BGS- RSCP BGS-CIEP Supply utilized by Customers on an instantaneous basis as a function of electrical load, in excess of such Customer’s instantaneous consumption of such component of BGS- RSCP BGS-CIEP Supply.