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.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
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 BuyerXxxxx’s payment for the applicable month as set forth in Section 5.2 hereof.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
