Buyer’s Damages. The Buyer may claim damages for any loss it suffers as a result of the Seller’s default, including its legal costs on an indemnity basis.
Buyer’s Damages. The Buyer may make a Claim for any loss it suffers as a result of the Seller’s default, including its reasonable legal costs.
Buyer’s Damages. During any period when the requirements of the Damage Triggering Conditions applicable to Seller are fully satisfied, Buyer shall be entitled to collect the following damages from Seller:
Buyer’s Damages. During any period when the requirements of the Damage Triggering Conditions applicable to Seller are fully satisfied, Buyer shall be entitled to collect the following damages from Seller:
(a) An amount equal to the difference between (i) the actual amount expended by Buyer to secure a quantity of replacement supplies (such supplies not to exceed in any month a quantity of replacement supplies equal to the number of days in the month times the EQ) and (ii) the amount which would have been payable as Commodity Charges pursuant to Section 8.1 if Seller had delivered such supplies during the month. In addition, Seller shall reimburse Buyer for any extra expense not included in the foregoing amount that Buyer incurs in procuring such supplies from the replacement source, including, but not limited to, supplier reservation charges, transportation charges and overrun, imbalance and other penalties assessed by Transporters or other transporting pipeline. For purposes of the immediately preceding sentence the term "extra expense" shall mean any such expense of Buyer to the extent it exceeds that which would have been incurred by Buyer if Seller had delivered Gas in the manner provided herein;
(b) To the extent Buyer cannot obtain replacement supplies through Algonquin or any other means and, as a result, is forced to curtail Resale Customers or is unable to inject Gas into storage, an amount equal to (i) (A) the Reservation Quantity times the number of days in the month minus (B) the quantity of replacement supplies included in the damage computation of Section 16.2(a) above minus (C) the quantity actually delivered by Seller during the month times (ii) 2 times the Back-Up Gas Commodity Unit Price in effect for that month; and
(c) A credit equal to the entire Reservation Fee otherwise payable by Buyer for the month in which Seller's delivery shortfall occurs, if the quantity that Seller fails to deliver on any Day during that month exceeds 2% of the EQ and Buyer is on that Day ready, willing and able to receive the entire quantity of Gas nominated under Section 9.1(a), as modified to reflect changes accommodated by Seller pursuant to Section 9.1(b). Seller shall pay Buyer any damages to which Xxxxx is entitled under this Section on or before the fifteenth (15th) day after Xxxxxx receives a written calculation of the amount of such damages from Buyer.
Buyer’s Damages. The Buyer may claim damages for any loss it suffers as a result of the Seller’s default, including its legal costs on an indemnity basis.
(a) create a relationship of landlord and tenant; or
(b) waive the Buyer’s rights under this contract; the Buyer must insure the Property to the Seller’s satisfaction; and the Buyer indemnifies the Seller against any expense or damages incurred by the Seller as a result of the
(2) The Buyer must pay interest at the Default Rate:
(a) on any amount payable under this contract which is not paid when due; and
(b) on any judgement for money payable under this contract. Interest continues to accrue: Xxxxx’s possession of the Property.
(a) (b)
(3) Any amount payable under clause 9.9(1)(a) in
