Replacement Fuel Sample Clauses
The Replacement Fuel clause defines the terms under which one party may substitute an alternative fuel for the originally specified fuel in a contract. Typically, this clause outlines the conditions that must be met for the replacement, such as quality standards, pricing adjustments, and notification requirements to the other party. For example, if the contracted fuel becomes unavailable or uneconomical, the supplier may provide a different but equivalent fuel type, provided it meets agreed specifications. The core function of this clause is to ensure continuity of supply and operational flexibility in situations where the original fuel cannot be delivered as planned.
Replacement Fuel. If for any reason (including Force Majeure), a Gas Supplier or Oil Supplier fails to deliver Gas or Oil to Owner, Fuel Manager shall promptly upon obtaining actual knowledge thereof notify Owner. If Owner is unavailable or, in the reasonable judgment of Fuel Manager, there is insufficient time to reach Owner and insure the adequate supply of Gas and Oil to the Facility for any of the next thirty (30) days, Fuel Manager shall, as agent for Owner, use commercially reasonable efforts to locate and acquire Gas or Oil ("Replacement Fuel") to replace any Gas or Oil not delivered to Owner; provided that Fuel Manager shall not without the prior written consent of Owner enter into any agreement for the supply of Gas or Oil with a term in excess of 30 days. Fuel Manager shall seek to locate and acquire Replacement Fuel under substantially similar terms and conditions and with equivalent economic ramifications to Owner as those applicable to the lost Gas and Oil supply, but if it is unable to do so, Fuel Manager shall nevertheless use commercially reasonable efforts to locate and acquire other Replacement Fuel. Fuel Manager shall, as agent for Owner, use commercially reasonable efforts to minimize the cost of Replacement Fuel by choosing among available Replacement Fuel supplies that which is most cost-efficient, taking into consideration dependability, safety, transportation cost, and the anticipated extent and duration of the interruption in supply of the Gas or Oil that would have been provided under the existing arrangements. Fuel Manager shall promptly notify Owner after Fuel Manager's acquisition, as agent of Owner, of Replacement Fuel pursuant to this Section 2.05 and the price of such Replacement Fuel. If Fuel Manager determines it is not able to acquire Replacement Fuel, Fuel Manager shall promptly notify Owner and prepare and submit to Owner a plan to address such unavailability of Replacement Fuel.
Replacement Fuel. In the event that Seller does not have Renewable ATJ available for delivery hereunder, Seller may provide Buyer with Replacement Fuel. Deliveries of Replacement Fuel shall, unless otherwise agreed by the Parties, be made at the Delivery Point originally specified for such shipment, and Seller shall, in accordance with this Agreement, Applicable Laws and applicable industry standards, provide, or cause to be provided, transportation to such Delivery Point of all quantities of Replacement Fuel made available hereunder to Buyer. If Seller desires to deliver Replacement Fuel, Seller shall notify Buyer no later than five (5) days prior to the applicable scheduled delivery of Renewable ATJ hereunder that Seller is electing to deliver Replacement Fuel. The Price for any Replacement Fuel shall be the same price as set forth in Section 8.1 with respect to Renewable ATJ. All Replacement Fuel delivered hereunder shall count towards Buyer’s take or pay obligations under Section 3.2 above and Seller’s obligation to deliver the Minimum Quantity as contemplated by Section 3.3 above.