Common use of Damages for Failure to Provide Replacement Capacity Clause in Contracts

Damages for Failure to Provide Replacement Capacity. If Seller fails to provide Buyer any portion of the Contract Quantity from Replacement Units for any Showing Month as required by Section 5.1, then the following shall apply: Buyer may, but shall not be obligated to, obtain Replacement Capacity. Buyer may enter into purchase transactions with one or more parties to replace the portion of Contract Quantity not provided by Seller. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party, and such arrangements shall be considered the procurement of Replacement Capacity. Buyer shall act in a commercially reasonable manner in purchasing any Replacement Capacity, and Seller shall pay to Buyer damages, in accordance with the terms of Section 4.1 of the Master Agreement relating to “Accelerated Payment of Damages,” if applicable, an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, including any penalties, fines, transaction costs and expenses incurred in connection with such procurement, plus (B) Capacity Replacement Price times the portion of Contract Quantity not provided by Seller or purchased by Buyer pursuant to Section 5.2(a), and (ii) the portion of Contract Quantity not provided for the applicable Showing Month times the Contract Price for that month.

Damages for Failure to Provide Replacement Capacity. If Seller fails to provide Buyer any portion of the Contract Seller’s Firm Quantity from Replacement Units for any Showing Month day in any Monthly Delivery Period as required by Section 5.1, then the following shall apply: Buyer may, but shall not be obligated to, obtain Replacement Capacity. Buyer may enter into purchase transactions with one or more parties to replace the portion of Contract Seller’s Firm Quantity not provided by Seller. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver the capacity to another party, and such arrangements shall be considered the procurement of Replacement Capacity. Buyer shall act in a commercially reasonable manner in purchasing any Replacement Capacity, and and; Seller shall pay to Buyer damages, in accordance with the terms of Section 4.1 of the Master Agreement relating to “Accelerated Payment of Damages,” if applicable, an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, including any penalties, fines, transaction costs and expenses incurred in connection with such procurement, plus (B) Capacity Replacement Price times the portion of Contract Seller’s Firm Quantity not provided by Seller or purchased by Buyer pursuant to Section 5.2(a), and (ii) the portion of Contract Seller’s Firm Quantity not provided for the applicable Showing Month day in the applicable Monthly Delivery Period times the Contract Price for that month.

Damages for Failure to Provide Replacement Capacity. If Seller fails to provide Buyer any portion of the Contract Quantity from Replacement Units as required pursuant to Sections 3.2 and 3.3 for any Showing Month as required by and pursuant to Section 5.15.1 or if Seller fails to comply with the Planned Outage scheduling obligations in Section 3.3(a), then the following shall apply: Buyer may, but shall not be obligated to, obtain Replacement Capacity. Buyer may enter into purchase transactions with one or more parties to replace the portion of Contract Quantity not provided by Seller. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party, and such arrangements shall be considered the procurement of Replacement Capacity. Buyer shall act in a commercially reasonable manner in purchasing any Replacement Capacity, and Seller shall pay to Buyer damages, in accordance with the terms of Section 4.1 of the Master Agreement relating to “Accelerated Payment of Damages,” if applicable, an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, including any penalties, fines, transaction costs and expenses incurred in connection with such procurement, plus (B) Capacity Replacement Price times the portion of Contract Quantity not provided by Seller or purchased by Buyer pursuant to Section 5.2(a), and (ii) the portion of Contract Quantity not provided for the applicable Showing Month times the Contract Price for that month.

Damages for Failure to Provide Replacement Capacity. If Seller fails to provide Buyer any portion of the Contract Quantity from Replacement Units Import Resources as required by Section 3.2 for any Showing Month as required by in accordance with Section 5.1, then the following shall apply: Buyer may, but shall not be obligated to, obtain Replacement Capacity. Buyer may enter into purchase transactions with one or more parties to replace the portion of Contract Quantity not provided by Seller. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party, and such arrangements shall be considered the procurement of Replacement Capacity. Buyer shall act in a commercially reasonable manner in purchasing any Replacement Capacity, and Seller shall pay to Buyer damages, in accordance with the terms of Section 4.1 of the Master Agreement relating to “Accelerated Payment of Damages,” if applicable, an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, including any penalties, fines, transaction costs and expenses incurred in connection with such procurement, plus (B) Capacity Replacement Price times the portion of Contract Quantity not provided by Seller or purchased by Buyer pursuant to Section 5.2(a), and (ii) the portion of Contract Quantity not provided for the applicable Showing Month times the Contract Price for that month.

Damages for Failure to Provide Replacement Capacity. If Seller fails to provide Buyer any portion of the Contract Quantity from Replacement Units Import Resources for any Showing Month as required by Section 5.1, then the following shall apply: Buyer may, but shall not be obligated to, obtain Replacement Capacity. Buyer may enter into purchase transactions with one or more parties to replace the portion of Contract Quantity not provided by Seller. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver capacity to another party, and such arrangements shall be considered the procurement of Replacement Capacity. Buyer shall act in a commercially reasonable manner in purchasing any Replacement Capacity, and Seller shall pay to Buyer damages, in accordance with the terms of Section 4.1 of the Master Agreement relating to “Accelerated Payment of Damages,” if applicable, an amount equal to the positive difference, if any, between (i) the sum of (A) the actual cost paid by Buyer for any Replacement Capacity, including any penalties, fines, transaction costs and expenses incurred in connection with such procurement, plus (B) Capacity Replacement Price times the portion of Contract Quantity not provided by Seller or purchased by Buyer pursuant to Section 5.2(a), and (ii) the portion of Contract Quantity not provided for the applicable Showing Month times the Contract Price for that month.