Common use of Buyer's Rights During Interruption in Service Clause in Contracts

Buyer's Rights During Interruption in Service. If at any time during this Agreement, Seller shall fail to deliver Buyer's Thermal Energy requirements and such failure is, in Buyer's reasonable judgment, attributable to Seller's failure to diligently pursue and implement appropriate corrective actions consistent with the facts and circumstances of the interruption, Buyer may at its option elect to cure Seller's non performance, without being in default of Buyer's obligations under this Agreement, by producing its own Thermal Energy (with or without use of the Thermal Energy Production Facilities) or purchasing and accepting deliveries of Thermal Energy from any other source. In such event, Seller shall reimburse Buyer for the excess of any costs if incurred by Buyer to cover over and above Seller's rates and charges hereunder.