Common use of Replacement Fuel Clause in Contracts

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. 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.