Common use of Seller Failure Clause in Contracts

Seller Failure. If Seller fails to Deliver all or part of the Product pursuant to a Transaction, and such failure is not excused by Buyer’s failure to perform, Section 3.4, or Section 3.5 (any or all of which are considered a “Seller Failure”), then Seller shall pay Buyer, within fifteen (15) days of receiving the invoice, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Contract Price from the Replacement Price for the Quantity not Delivered. The invoice shall include a written statement explaining Buyer’s calculation in reasonable detail. If there are further Delivery Dates under the Transaction, or any other Transactions, then Seller shall provide Buyer with adequate assurances of Seller’s ability to perform its obligations under the remaining Transaction or Transactions by (i) posting additional Performance Assurance pursuant to the Credit Support Addendum and (ii) providing additional documentation as reasonably requested by Buyer.

Seller Failure. If Seller fails to Deliver all or part of the Product pursuant to a Transactionany Quantity, and such failure is not excused by Buyer’s failure to perform, Section 3.4, or Section 3.5 (any or all of which are considered a “Seller Failure”), then Seller shall pay Buyer, within fifteen (15) days of receiving the invoice, an amount for such deficiency equal to the positive differenceReplacement Price minus the Contract Price, if any, obtained by subtracting and to the Contract Price from extent the Replacement Price for is greater than the Contract Price, with the resulting difference multiplied by the Quantity not Delivered. The invoice shall include a written statement explaining Buyer’s calculation in reasonable detail. If there are further Delivery Dates under the Transaction, or any other Transactions, then Seller shall provide Buyer with adequate assurances of Seller’s ability to perform its obligations under the remaining Transaction or Transactions by (i) posting additional Performance Assurance pursuant to the Credit Support Addendum and (ii) providing additional documentation as reasonably requested by Buyer.

Seller Failure. If Seller fails to Deliver all or part of the Product pursuant to a Transaction, and such failure is not excused by Buyer’s failure to perform, Section 3.43.04, or Section 3.5 3.05 (any or all of which are considered a “Seller Failure”), then Seller shall pay Buyer, within fifteen five (155) days Business Days of receiving the invoice, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Contract Price from the Replacement Price for the Quantity not Delivered. The invoice shall include a written statement explaining Buyer’s calculation in reasonable detail. If there are further Delivery Dates under the Transaction, or any other Transactions, then Seller shall provide Buyer with adequate assurances of Seller’s ability to perform its obligations under the remaining Transaction or Transactions by (i) posting additional Performance Assurance pursuant to the Credit Support Addendum and (ii) providing additional documentation as reasonably requested by Buyer.

Seller Failure. If Seller fails to Deliver all or part of the Product pursuant to a Transaction, and such failure is not excused by Buyer’s failure to perform, Section 3.4, or Section 3.5 (any or all of which are considered a “Seller Failure”), then Seller shall pay Buyer, within fifteen (15) days of receiving the invoice, an amount for such deficiency equal to the positive differenceReplacement Price minus the Contract Price, if any, obtained by subtracting and to the Contract Price from extent the Replacement Price for is greater than the Contract Price, with the resulting difference multiplied by the Quantity not Delivered. The invoice shall include a written statement explaining Buyer’s calculation in reasonable detail. If there are further Delivery Dates under the Transaction, or any other Transactions, then Seller shall provide Buyer with adequate assurances of Seller’s ability to perform its obligations under the remaining Transaction or Transactions by (i) posting additional Performance Assurance pursuant to the Credit Support Addendum and (ii) providing additional documentation as reasonably requested by Buyer.