Seller‘s Obligation/Replacement Fuel Costs Sample Clauses

Seller‘s Obligation/Replacement Fuel Costs. In the event Seller, on any Day on or after the Commencement Date, fails to make available at a Point of Delivery a quantity of gas equal to the Nominated Quantity for that Day by the third nomination cycle for reasons other than Force Majeure: Seller shall notify Buyer of the quantity that it has failed, or will be unable, to deliver and the anticipated duration of the deficiency. Buyer shall use commercially reasonable efforts to obtain Replacement Gas or alternate fuels at a price reasonable for the delivery or production areas, as applicable, consistent with: the amount of notice provided by Seller; the immediacy of the Buyer’s Gas consumption needs; the quantities involved; and the anticipated length of failure by Seller. In addition to any liability for Imbalance Charges, which shall not be recovered twice by the following remedy, Seller shall make payment to Buyer in an amount equal to the positive difference, if any, between the purchase price paid by Buyer for replacement gas or alternative fuels and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s) multiplied by the difference between the Daily Contract Quantity and the quantity actually delivered by Seller for such Day. . The Seller shall pay Buyer amounts owing pursuant to this section within thirty (30) days of Buyer rendering a bill. If Seller fails to pay within thirty days, interest shall accrue at the rate of interest which is equal to the Prime Rate, plus one hundred basis points until the same is paid. Subject to Buyer‘s right to terminate this Agreement pursuant to Section 12.1 hereof, Seller‘s payment pursuant to this Section 4.4 shall constitute Buyer‘s sole remedy, and Seller‘s exclusive liability to Buyer, for Seller‘s failure to make available at a Point of Delivery a quantity of gas equal to the Nominated Quantity for such Day, for reasons other than Force Majeure. Seller shall not be responsible for punitive, incidental or consequential damages in tort, contract or otherwise. This section shall not apply to quantities not made available at the Point of Delivery, as a result of buyer’s interstate pipeline or a local distribution company’s non-performance, rather than Sellers non performance.
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Related to Seller‘s Obligation/Replacement Fuel Costs

  • Seller’s Obligation The obligation of Seller to sell and deliver the Shares to Buyer is subject to the satisfaction (or waiver by Seller) as of the Closing of the following conditions:

  • Seller’s Obligations At Closing, Seller shall deliver or cause to be delivered to Buyer the following:

  • Developer's Obligation The Developer shall bear the total cost and expense of all the obligations and duties created by this Contract unless otherwise explicitly stated in this Contract. Those obligations and duties are, generally, to create all Improvements as may be required by the City in accordance with this Contract and with City Requirements. Such Improvements include but are not limited to: i) all Improvements within the Project; ii) all Improvements connecting to water, sewer, or stormwater infrastructure outside the Project, whether existing or planned; iii) modifications to any existing water, sewer, or stormwater infrastructure outside the Project that facilitate provision of utility service to the Project, or compliance with City Requirements, or integration of the Improvements with the surrounding existing or planned water, sewer, or stormwater system; and iv) new streets or alterations to existing streets or rights of way within which the Improvements are located. The Developer's obligations also include all costs, including but not limited to legal costs, of acquiring all fees or easements within which the Improvements will be located.

  • The Supplier's Obligations The Supplier will in writing, by the time and date specified by the Contracting Body in accordance with paragraph 3.1.3(b) provide the Contracting Body with either:

  • Seller’s Obligations at Closing At Closing, Seller shall:

  • SUPPLIER’S OBLIGATIONS 6.1 The Supplier undertakes that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.

  • Buyer’s Obligations At Closing, Buyer shall deliver or cause to be delivered to Seller the following:

  • Developer’s Obligations (a) Upon the expiry of the Agreement Period by efflux of time and in the normal course, the Developer shall on the Expiry Date, hand back vacant and peaceful possession of Project Site and the Project Facilities to the Authority free of cost and in good operable condition.

  • USER’S OBLIGATIONS In order to receive the benefits of this Warranty, the End-user must use the Product in a normal way; follow the Product's operation and maintenance manual; and protect against further damage to the Product if there is a covered defect. OTHER LIMITATIONS: Company's obligations under this Warranty are expressly conditioned upon receipt by Company of all payments due to it (including interest charges, if any). During such time as Company has not received payment of any amount due to it for the Product, in accordance with the contract terms under which the Product is sold, Company shall have no obligation under this Warranty. Also during such time, the period of this Warranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of any overdue or unpaid amounts. COSTS NOT RELATED TO WARRANTY: The End-user shall be invoiced for, and shall pay for, all services not expressly provided for by the terms of this Warranty, including without limitation, site calls involving an inspection that determines no corrective maintenance is required. Any costs for replacement equipment, installation, materials, freight charges, travel expenses or labor of Company representatives outside the terms of this Warranty will be borne by the End-user. OBTAINING WARRANTY SERVICE: In the USA, call the Customer Reliability Center 7x24 at 800.356.5737. Outside of the USA, contact your local Xxxxx product sales or service representative for units purchased from those countries, or call the Customer Reliability Center in the USA at 919.845.3683 for units purchased in the USA that were shipped overseas. For comments or questions about this Warranty, write to the Customer Quality Representative, 0000 Xxx Xxxxx Xxxx, Xxxxxxx, Xxxxx Xxxxxxxx 00000 XXX.

  • Conditions to Seller’s Obligations The obligations of Seller to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions on or before the Closing Date:

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