Common use of Buyer’s Failure to Receive Clause in Contracts

Buyer’s Failure to Receive. If, for any Season during any Planning Period during the Capacity Credit Term, Buyer fails to receive all or any portion of the Contract Quantity for such Season by the Receipt Deadline for such Planning Period due to Buyer’s failure to perform in accordance with the terms hereof, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt from Seller, an amount equal to the positive difference, if any, obtained by (a) subtracting the applicable Monthly Auction Clearing Price for a Capacity Credit sourced from Local Resource Zone 9 for such Season for the Planning Period in which such Season occurs from the applicable Contract Price for such Season and (b) multiplying (1) such positive difference, if any, by (2) the portion of the Contract Quantity that Buyer failed to receive for any month during such Season.

Buyer’s Failure to Receive. If, for any Season during any Planning Period during the Capacity Credit Term, Buyer fails to receive all or any portion of the Contract Quantity for such Season by the Receipt Deadline for such Planning Period due to Buyer’s failure to perform in accordance with the terms hereof, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt from Seller, an amount equal to the positive difference, if any, obtained by (a) subtracting the applicable Monthly Auction Clearing Price for a Capacity Credit sourced from Local Resource Zone 9 10 for such Season for the Planning Period in which such Season occurs from the applicable Contract Price for such Season and (b) multiplying (1) such positive difference, if any, by (2) the portion of the Contract Quantity that Buyer failed to receive for any month during such Season.

Buyer’s Failure to Receive. If, for any Season during any Planning Period during the Capacity Credit Term, Buyer fails to receive all or any portion of the Contract Quantity for such Season by the Receipt Deadline for such Planning Period due to Buyer’s failure to perform in accordance with the terms hereof, then Buyer shall pay Seller, within five (5) Business Days of invoice receipt from Seller, an amount equal to the positive difference, if any, obtained by (a) subtracting the applicable Monthly Auction Clearing Price for a Capacity Credit sourced from Local Resource Zone 9 8 for such Season for the Planning Period in which such Season occurs from the applicable Contract Price for such Season and (b) multiplying (1) such positive difference, if any, by (2) the portion of the Contract Quantity that Buyer failed to receive for any month during such Season.