Failure of Delivery. In case of the sale of any security, commodity, or other property by you at the direction of the undersigned and your inability to deliver the same to the purchaser by reason of failure of the undersigned to supply you therewith, the undersigned authorizes you to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. The undersigned hereby agrees to be responsible for any loss which you may sustain thereby and any premiums which you may be required to pay thereon, and for any loss which you may sustain by reason of your inability to borrow or purchase the security, commodity, or other property sold to fulfill your delivery obligation.
Failure of Delivery. At least five business days prior to the earlier of first notice or last trading day of the delivery month, Customer must advise FIMAT whether Customer intends to take or make delivery, as the case may be, of items purchased and sold by FIMAT at Customer’s direction, and, if delivery is intended, Customer must demonstrate to FIMAT’s satisfaction Customer’s ability to perform Customer’s delivery obligations, in any manner required by FIMAT including, without limitation, by depositing with FIMAT the funds or documents necessary for delivery. If Customer fails to so advise FIMAT or to demonstrate satisfactorily Customer’s ability to perform, then without notice or demand to Customer, FIMAT may, but shall have no duty to, liquidate such positions on terms FIMAT deems reasonable, or take any other action FIMAT deems reasonable, including taking or making delivery as the case may be. If Customer fails to supply FIMAT, in a timely manner, with any item FIMAT has sold at Customer’s direction, FIMAT may borrow or purchase the item from any party, including an Affiliate, to make the delivery. FIMAT has no duty to borrow or purchase the item. Customer shall comply fully with Applicable Law relating to taking or making any delivery, and shall, if taking delivery, take all steps as provided thereunder to ensure that all items to be delivered are in compliance with Applicable Law. Customer will hold harmless and indemnify FIMAT for all liabilities, penalties, losses, and expenses, including any legal expenses and any penalties imposed by any Commodity Exchange, FIMAT incurs or reasonably anticipates incurring if Customer fails timely (1) to take good delivery of any item FIMAT has purchased at Customer’s direction, (2) to supply FIMAT with or otherwise make good delivery of any item FIMAT has sold at Customer’s direction, or otherwise, in connection with a delivery, or (3) to comply with Applicable Law, and FIMAT may in the event of any such failure, apparent failure, or otherwise withhold from Customer’s Account(s) with FIMAT or any Affiliates the amount (however denominated) estimated by FIMAT as sufficient to satisfy the above indemnity, for application as FIMAT deems appropriate.
Failure of Delivery. In the event that Supplier fails to schedule all or part of the Full Requirements Retail Electric Supply as set forth herein and Supplier’s failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for SSO Service or other Energy supply arrangement necessary to cure such Energy deficiency, Supplier shall reimburse Participating Customer, on the later of ten (10) days after receipt of invoice or the date payment would otherwise be due to Supplier, an amount determined by multiplying (a) the aggregate deficiency in the Full Requirements Retail Electric Supply by (b) the full replacement cost. IN THE EVENT OF SUPPLIER’S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, SUPPLIER’S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-DELIVERY SHALL BE THE GOVERNMENT AGGREGATOR’S AND THE PARTICIPATING CUSTOMERS’ SOLE REMEDY FOR SUPPLIER’S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.
Failure of Delivery. A Party’s failure to provide to the Escrow Agent on or before the Closing Date all of the instruments, documents and/or cash to close as required by this Agreement; or
Failure of Delivery. Supplier acknowledges and agrees that if the Supplier fails to comply with any requirement related to the Full- Requirements Electricity Supply to the Participating Customers pursuant to this Agreement, including without limitation if Supplier fails to schedule all or part of the Full-Requirements Electricity Supply for any Participating Customer, Supplier shall be solely responsible for any additional costs, charges, or fees incurred because of such failure, and shall not pass through any such additional costs, charges, or fees to Participating Customers.
Failure of Delivery. In case of the sale of any security, commodity, or other property by the DB Entities at the direction of Counterparty and the DB Entities’ inability to deliver the same to the purchaser by reason of failure of Counterparty to supply the DB Entities therewith, Counterparty authorizes the DB Entities to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Counterparty hereby agrees to be responsible for any loss which the DB Entities may sustain thereby and any premiums which the DB Entities may be required to pay thereon, and for any loss which the DB Entities may sustain in connection with this delivery obligation. For the avoidance of doubt, it shall not be a Foreclosure Event if Counterparty, promptly upon receipt of notice thereof, pays all such losses, reasonable expenses or liabilities incurred by or on behalf of any DB Entity in connection with such failure by Counterparty and is otherwise in compliance with the Applicable Requirements
Failure of Delivery. If the Water Entity is unable to deliver water to the Connection Points for a continuous period of ninety (90) days as a result of any event of Force Majeure or the failure of Water Entity to hold the necessary permits, the charge imposed under clause 12.2(a) will be rebated for the period in which water can not be delivered.
Failure of Delivery. In case of the sale of any security or other property by LSC at the direction of Customer and LSC’s inability to deliver the same to the purchaser by reason of failure of Customer to supply LSC therewith, Customer authorizes LSC to borrow or purchase any such security, commodity, or other property necessary to make delivery thereof. Customer hereby agrees to be responsible for any loss which LSC may sustain thereby and any premiums which LSC may be required to pay thereon, and for any loss LSC may sustain by reason of its inability to borrow or purchase the security, commodity, or other property sold to fulfill LSC’s delivery obligation.
Failure of Delivery. In the event that Vendor fails to schedule all or part of the Retail Electric Supply as set forth herein and Vendor's failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for Tariffed Service or other Energy supply arrangement necessary to cure such Energy deficiency, Vendor shall reimburse Participating Customer, no later than ten (10) days after receipt of invoice or the date payment would otherwise be due to Vendor, an amount determined by multiplying (a) the aggregate deficiency in the Retail Electric Supply by (b) the Replacement Price. IN THE EVENT OF XXXXXX'S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, VENDOR'S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-DELIVERY SHALL BE THE GOVERNMENTAL AGGREGATOR'S AND THE PARTICIPATING CUSTOMERS' SOLE REMEDY FOR VENDOR'S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.
Failure of Delivery. In case the delivery is delayed beyond the prescribed delivery period, the material can only be supplied with prior consent of the purchaser. Should the Supplier fail to deliver the stores or any consignment thereof, within the period prescribed for such delivery, the Purchaser shall be entitled at his option, to the following:
