Shortfall Quantity. 6.3.1 If the Seller, for reasons other than of Force Majeure or for reasons attributable to the Buyer, fails to make available for delivery at the Delivery Point at least 80% of aggregate of the lower of PNDCQ or DCQ during any consecutive period of 15 (fifteen) Days under the Supply Period relating to eSPN then the difference between (a) 15 multiplied by lower of PNDCQ/DCQ multiplied by 0.8 ; and (b) quantities of e-Bid RLNG actually tendered for delivery by the Seller during such consecutive period of 15(fifteen) Days (expressed in MMBtu) in respect of such eSPN shall be called the “Shortfall Quantity”). However, this Article shall not apply in respect of supply of e-Bid RLNG in excess of DCQ under any rostering mechanism requested by the Buyer. In the case of Shortfall Quantity in respect of any eSPN, the Buyer shall receive, as Liquidated Damages for such failure to deliver, a credit to be applied (LD Credit) against the payment to be made by the Buyer to the Seller in respect of the invoice raised by the Seller for the last Billing Period of the Supply Period and/or in respect of the Take or Pay Statement relating to such eSPN. Such Liquidated Damages shall be an amount equal to the Shortfall Quantity multiplied by 5 (five) per cent of the Price under such eSPN. For the purpose of Liquidated Damages, the Price shall be the weighted average foreign currency component of e-Bid RLNG, as mentioned in eSPN, for the Supply Period.
Shortfall Quantity. If, for any Delivery Hour during the Delivery Period, Issuer breaches its obligation to Schedule or deliver all or any portion of the Base Quantity, after giving effect to reductions for Assigned Energy in accordance with Article VI, at any Delivery Point pursuant to the terms of this Agreement and such breach is not excused by the provisions of Article XI, then the portion of the Base Quantity that Issuer failed to Schedule or deliver shall be a “Shortfall Quantity”.
Shortfall Quantity. The quantity of coal which is equal to the sum of the tonnage of coal which is required to be delivered by Seller and taken Receipt of by Buyer pursuant to the terms of this Agreement during any period minus the actual tonnage of coal delivered by Seller and taken Receipt of by Buyer pursuant to the terms of this Agreement during such period.
