Buyer Failure. If Buyer fails to receive all or part of the Product pursuant to a Transaction and such failure is not excused under the terms of the Product or by Seller’s failure to perform, Section 3.4 or Section 3.5, then Buyer shall pay Seller, within fifteen (15) days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price for the Quantity not Delivered. The invoice shall include a written statement explaining the calculation in reasonable detail.
Buyer Failure. If Buyer fails to schedule and/or receive all or part of the Product pursuant to a Transaction and such failure is not excused under the terms of the Product or by Seller's failure to perform, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred or, if "Accelerated Payment of Damages" is specified on the Cover Sheet, within five (5) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.
Buyer Failure. If Buyer fails to schedule and/or receive all or part of the Energy pursuant to this Transaction and such failure is not excused under the terms of the Agreement or by Seller’s failure to perform, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred, or if “Accelerated Payment of Damages” is specified on the Cover Sheet, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the Sales Price from the Presumed Energy Price multiplied by the Buyer Deficiency Amount.
Buyer Failure. If Buyer fails to receive the Contract Quantity, then Buyer shall pay Seller, within f ive Business Days of demand, an amount for each REC that Buyer failed to receive equal to the positive difference, if any, between (a) the Contract Price and (b) the Market Price.
Buyer Failure. If Buyer fails to take any Scheduled Generation other than as a result of a Buyer Performance Event, then Buyer shall pay Seller, on the date payment would otherwise be due in respect of the month in which the failure occurred (a) an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price (including an amount reflecting both the capacity payments and the electric energy payments), and (b) an amount that will compensate Seller for (i) any electric energy or fuel imbalance charges or similar costs assessed against or incurred by Seller as a result of such failure, and (ii) any losses resulting from resales of fuel not consumed as a result of such failure, including Seller’s liquidation of any financial or physical hedge positions entered into in support of the Transaction; provided, however, Party A shall only enter into such hedging arrangements or instruments to the extent deemed reasonably necessary or appropriate by Party A taking into account all facts and circumstances existing at the time of entering into such arrangements or instruments. The invoice for such amounts shall include a written statement explaining in reasonable detail the calculation of such amounts. The provisions of Section 7.1 will not preclude Seller’s recovery of amounts described in this Section 4.2.”
Buyer Failure. If BUYER fails to accept all or part of the Contract Energy or Contract Unforced Capacity delivered or provided by SELLER pursuant to this Agreement, and such failure is not excused by Force Majeure or by SELLER's failure to perform, then BUYER shall pay SELLER, within five (5) Business Days of BUYER'S invoice receipt, an amount for such Contract Energy and/or Contract Unforced Capacity not accepted equal to the product of (a) the quantity of such Contract Energy and/or Contract Unforced Capacity not accepted and (b) the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price. The invoice of such amount shall include a written statement explaining in reasonable detail the calculation of such amount.
Buyer Failure. If a Buyer does not obtain the Required Approvals of Buyer by May 1, 2012, this Agreement shall automatically terminate with respect to such Buyer (but only such Buyer) unless Seller and such Buyer mutually agree to waive such termination; provided, that notwithstanding Section 2.3(b), if Buyers with Shares comprising at least 75% of the aggregate Energy Quantity, based on the Energy Quantity as of November 1, 2015 in Appendix 3.2(c)(i) or Appendix 3.2(c)(ii), as applicable, do not obtain their Required Approvals of Buyers by May 1, 2012, then Seller shall have the right to terminate this entire Agreement upon thirty (30) days' notice to all Buyers, such notice to be given not later than May 31, 2012 or, if a notice has been given by such Buyer pursuant to Section 2.1(c)(iii), the date that is thirty (30) days after such notice is provided in accordance with Section 11.7.
Buyer Failure. If Buyer fails to receive all or part of the Quantity pursuant to an Emissions Transaction and the failure is not excused under the terms of the Emissions Product or Transaction, by Seller’s failure to perform or by the terms of this Agreement, then Buyer will pay Seller, within three (3) Local Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price. The invoice must include a written statement explaining the calculation in reasonable detail. All determinations must be made in a commercially reasonable manner and the Seller is not required to enter into any actual replacement Transaction in order to determine the Sales Price.
Buyer Failure. The following shall be added in Section 4.2 after the phrase “or by Seller’s failure to perform,” the following phrase: “subject to the terms of the Products and related Definitions contained in Schedule P,”.
Buyer Failure. If Buyer fails to scheduleSchedule and/or receive all or part of a Product (as defined in Section [19.4]) hereunder and such failure is not excused under the terms of this Agreement or by Seller’s failure to perform, then, subject to the other terms of this Agreement, Buyer shall pay Seller within five (5) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price (as defined in Section [19.4]). The invoice for Imbalance Charges incurred by Seller due to such amount shall include a written statement explaining in
