Buyer Excuses. The performance of Buyer to receive or pay for the Product shall be excused only (A) during periods of Force Majeure, (B) by Seller’s failure to perform or (C) during Dispatch Down Periods.
Buyer Excuses. Buyer shall be excused from (A) receiving and paying for the Product only (I) during periods of Force Majeure, (II) by Seller’s failure to perform, (III) during Curtailment Periods and (B) receiving Product during Buyer Curtailment Periods.
Buyer Excuses. The obligation of Buyer to receive and/or pay for the Product shall be excused only (a) during periods of Force Majeure, (b) by Seller’s failure to perform, or (c) as provided with respect to curtailment in Section 5.8.
Buyer Excuses. The performance of Buyer to Schedule, receive, and pay for the Product shall be excused only (A) during periods of Force Majeure, (B) by Seller’s failure to perform or (C) during Dispatch Down Periods [For all Products other than Dispatchable Product: (except that Buyer shall not be excused from paying for the Product as required under Section 3.4 during periods of Economic Dispatch Down)]. If Buyer fails to Schedule, receive, or purchase all or part of the Product for a period or a series of periods that is cumulatively longer than thirty (30) days and such failure is not excused as described above, then then such failure shall be an Event of Default. If Buyer fails to Schedule, receive, or purchase all or part of the Product for any period prior to an Early Termination Date and such failure is not excused as described above, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such Product deficiency equal to the positive difference, if any, obtained by subtracting (Y) the product of the Sales Price times the Product deficiency from (Z) the product of the Energy Price [For FCDS located in the CAISO: (or, for each month during which Seller has not achieved FCDS as determined by the CAISO, the Energy Price minus the Deliverability Value)] times the Product deficiency. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount. Green Attributes. Seller hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Buyer as part of the Product being delivered. Seller represents and warrants that Seller holds the rights to all Green Attributes from the Project, and Seller agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project. During the Delivery Term, Seller shall register, provide and maintain a Green-e Energy Renewable Generator Registration Form and Attestation. For all electric generation using biomethane as fuel, neither Buyer nor Seller may make a marketing, regulatory, or retail claim that asserts that a procurement contract to which that entity was a party resulted, or will result, in greenhouse gas reductions related to the destruction of methane if the capture and destruction is required by Law. If the capture and destruction of the biomethane is not required by Law, neither ...
Buyer Excuses. The performance of Buyer to receive and/or pay for the Product shall be excused only (i) during periods of Force Majeure as defined in the EEI Master Agreement or Uncontrollable Force as provided in Section 10 of the WSPP Agreement, or (ii) by Seller’s failure to perform.
Buyer Excuses. The performance of Buyer to Schedule, receive, and pay for the Product as and to the extent required hereunder shall be excused only (A) during periods of Force Majeure, (B) by Seller’s failure to perform or (C) during Dispatch Down Periods, to the extent that Buyer’s performance is affected thereby. If Buyer fails to Schedule, receive, or purchase all or part of the Product as and to the extent required hereunder and such failure is not excused as described above, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such failure to Schedule, receive, or purchase Product equal to the sum of (1) the positive difference, if any, obtained by subtracting (Y) the product of the Sales Price received by Seller times the amount of the Product that Buyer failed to Schedule, receive, or purchase from (Z) the product of the Energy Price times the weighted average XXX Factor for such period of failure to Schedule, receive, or purchase times the amount of the Product that Buyer failed to Schedule, receive, or purchase, plus (2) all CAISO costs (including penalties, Negative Imbalance Energy costs and other charges) assessed against Seller related to such failure to Schedule, receive or purchase all or part of the Product. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount. For the avoidance of doubt, Buyer shall not be excused from its obligation to pay for the Product that Seller could reasonably have delivered to Buyer but for periods of curtailment of delivery of Product from the Project resulting from economic curtailment where Buyer (as the Scheduling Coordinator) submits an economic bid in the applicable CAISO market that results in an otherwise available Product not being scheduled or awarded in such CAISO market.
Buyer Excuses. The performance of Buyer to Schedule, receive, and pay for the Product shall be excused only (A) during periods of Force Majeure, (B) by Seller’s failure to perform which prevents or unduly burdens Buyer’s ability to perform, or (C) during Dispatch Down Periods. If Buyer fails to Schedule, receive, or purchase all or part of the Product and such failure is not excused as described above, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such Product deficiency equal to the positive difference, if any, obtained by subtracting (Y) the product of the Sales Price times the Product deficiency from (Z) the product of the Energy Price times the weighted average XXX Factor for such period of Product deficiency times the Product deficiency. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.
Buyer Excuses. Without limiting Buyer’s rights and obligations in Section 3.7(e) for a Force Majeure affecting Buyer, the obligation of Buyer to accept or pay for the Product shall be excused only (A) by Seller’s failure to deliver the Product to the CAISO at the Delivery Point for any reason; or (B) during Dispatch Down Periods.
Buyer Excuses. Buyer shall be excused from its obligation to receive and pay for the Product hereunder for the following reasons:
Buyer Excuses. The performance of Buyer to Schedule, receive, and pay for the Product shall be excused only (A) during periods of Force Majeure, (B) by Seller’s failure to perform or (C) during Dispatch Down Periods (except that Buyer shall not be excused from paying for the Product as required under Section 3.4 during periods of Economic Dispatch Down). If Buyer fails to Schedule, receive, or purchase all or part of the Product and such failure is not excused as described above, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such Product deficiency equal to the positive difference, if any, obtained by subtracting (Y) the product of (i) the Sales Price times (ii) the Product deficiency from (Z) the product of (i) the Energy Price [For FCDS bids for Projects located in the CAISO: (or, for each month during which Seller has not achieved FCDS as determined by the CAISO, the Energy Price minus the Deliverability Value)] times (ii) the weighted average XXX Factor for such period of Product deficiency times (iii) the Product deficiency. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.
