Failure of Seller to Deliver Products. In the event that Seller fails to satisfy any of its obligations to Deliver any of the Products hereunder in accordance with Section 4.1 and Section 4.2, and such failure is not excused under the express terms of this Agreement (a “Delivery Shortfall”), Seller shall pay Buyer an amount for such Delivery Shortfall equal to the Cover Damages. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof. Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Shortfall would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Cover Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.
Failure of Seller to Deliver Products. In the event that Seller fails to satisfy any of its obligations to Deliver any of the Products or any portion of the Products hereunder in accordance with Section 4.1, Section 4.2 and Section 4.7, and such failure is not excused under the express terms of this Agreement (a “Delivery Failure”), Seller shall pay Buyer an amount for such Delivery Failure (measured in MWh and/or RECs) equal to the Cover Damages. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof. Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Failure would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Cover Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.
Failure of Seller to Deliver Products. In the event that Seller fails to satisfy any of its obligations to Deliver any of the Products hereunder in accordance with Section 4.1 and Section 4.2, and such failure is not excused under the express terms of this Agreement (a “Delivery Failure”), Seller shall pay Buyer an amount for such Delivery Failure equal to the Cover Damages. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof; provided, however, that if Seller demonstrates to Buyer’s reasonable satisfaction that such Delivery Failure was solely the result of an administrative error by Seller, such payment shall not be due until the later of the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof or the date that is fifteen (15) days after such Delivery Failure occurred. Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Failure would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Cover Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.
Failure of Seller to Deliver Products. Consistent with the Unit Contingent nature of this Agreement, in the event that the Facility is generating Energy and Seller fails to satisfy any of its obligations to Deliver any of the Products or any portion of the Products hereunder in accordance with Section 4.1, Section 4.2 and Section 4.7, and such failure is not excused under the express terms of this Agreement (a “Delivery Failure”) (and without limiting Buyer’s rights under Section 9.2(h) and Section 9.3), Seller shall (i) execute a corrective Internal Bilateral Transaction for the Energy through ISO-NE and transfer the RECs through the GIS to the extent possible, and (ii) to the extent such a corrective Internal Bilateral Transaction or transfer through the GIS is not executed, pay Buyer an amount for such Delivery Failure (measured in MWh and/or RECs) equal to the Cover Damages for such Delivery Failure. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof. Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Failure would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Cover Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.
Failure of Seller to Deliver Products. In the event that Seller fails to Deliver the Products hereunder in accordance with Section 4.1, and such failure is not excused under the express terms of this Agreement (a “Delivery Shortfall”), Seller shall pay Buyer an amount for such Delivery Shortfall equal to the Cover Damages. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof.
Failure of Seller to Deliver Products. (a) In the event that Seller fails to satisfy any of its obligations to Deliver any of the Products or any portion of the Products hereunder in accordance with Section 4.1, Section
Failure of Seller to Deliver Products. In the event that Seller fails to satisfy any of its obligations to Deliver any of the Products hereunder in accordance with Section 4.1 and Section 4.2, and such failure is not excused under the express terms of this Agreement (a “Delivery Failure”), Seller shall pay Buyer an amount for such Delivery Failure equal to the Cover Damages. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof; provided, however, that if Seller demonstrates to Buyer’s reasonable satisfaction that such Delivery Failure was solely the result of an administrative error by Seller, such payment shall not be due until the later of the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof or the date that is fifteen (15) days after such Delivery Failure occurred. Each Party agrees and acknowledges that
Failure of Seller to Deliver Products. In the event that Seller fails to Deliver the Minimum Required Deliveries in any Contract Year, and such failure is not excused under the express terms of this Agreement (including, without limitation, Section 4.2(a)) (a “Delivery Failure”), Seller shall pay Buyer an amount for such Delivery Failure (measured in MWh and/or RECs) equal to the Cover Damages. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof. Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Failure would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Cover Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages. Notwithstanding any other provision of this Agreement, the payment of Cover Damages by Seller shall be Buyer’s sole and exclusive remedy for a Delivery Failure except to the extent such a failure constitutes an Event of Default pursuant to Section 9.2(h). For purposes of illustration, an example calculation of Cover Damages is set forth on Exhibit F.
Failure of Seller to Deliver Products. In the event that Seller fails to satisfy any of its obligations to Deliver any of the Products or any portion of the Products hereunder during the Services Term in accordance with Section 4.1, Section 4.2 and Section 4.7 hereof, and such failure is not excused under the express terms of this Agreement (a “Delivery Failure”), Seller shall pay Buyer an amount for such Delivery Failure (measured in MWh and/or RECs) equal to the Cover Damages. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof. Each Party agrees and acknowledges that
Failure of Seller to Deliver Products. In the event that Seller completes a Third Party Delivery or Seller fails to satisfy any of its Delivery obligations in accordance with Section 4.1, Section 4.2 and Section 4.7, and such failure is not excused under the express terms of this Agreement (a “Delivery Failure ”), (and without limiting Buyer’s rights under Section 9.2(h) and Section 9.3), Seller shall pay Buyer an amount for such Delivery Failure (measured in MWh and/or RECs) equal to the Cover Damages for such Delivery Failure. Such payment shall be due no later than the date for Buyer’s payment for the applicable month as set forth in Section 5.2 hereof. Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Failure would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Cover Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.
