Costs or Penalties Incurred by Supplier for Customer’s Failure to Observe the Notice Requirements Sample Clauses

Costs or Penalties Incurred by Supplier for Customer’s Failure to Observe the Notice Requirements. Customer shall reimburse Supplier for any costs, expenses or penalties that Supplier incurs as a result of Customer’s failure to give Supplier the notice required in (a) above. The Parties agree that Customer’s failure to give notice of either its daily estimate of Electricity load or of any unscheduled change in that estimate of Electricity load in the manner set forth in (a) above shall be deemed to be the cause of any cost, expense or penalty incurred by Supplier on account of the Facility, during the period to which the notice would have applied, unless the cost, expense or penalty is caused by error or omission of Supplier and not by any such failure by Customer to provide notice. This section applies only to failure to provide notice and not to Customer’s inability to accurately estimate its production schedule due to unscheduled changes, provided that such estimates are made in good faith and are reasonable in light of all the circumstances known to the Customer at the time notice was given. Any amounts due Supplier from the Customer under this section shall be paid to Supplier in a lump sum within ten (10) Business Days after Supplier gives Customer notice of the same.