Common use of Failure of Seller to Deliver Products Clause in Contracts

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. 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 BuyerXxxxx’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 Xxxxx 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.