Common use of Department Failure Clause in Contracts

Department Failure. If Department fails to schedule the receipt of and /or receive all or part of the Scheduled Non-Firm Energy and such failure is not excused under the terms of this Amended Agreement or by Seller’s failure to perform, then Department shall pay Seller, within ten (10) Business Days of invoice receipt, an amount for deficiency equal to the positive difference, if any, obtained by subtracting the Sale Price from the Purchase Price. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.

Department Failure. If the Department fails to schedule the receipt accept delivery of and /or receive all or part of the Scheduled Non-Firm scheduled Unit Contingent Energy and such failure is not excused under the terms of this Amended Agreement or by the Seller’s failure to performperform hereunder, then the Department shall pay the Seller, within ten (10) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sale Price from the Purchase Price. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.

Department Failure. If Department fails to schedule the receipt of and /or and/or receive all or part of the Scheduled Non-Firm Energy and such failure is not excused under the terms of this Amended Agreement or by Seller’s failure to perform, then Department shall pay Seller, within ten five (105) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sale Sales Price from the Purchase Price. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.

Department Failure. If Department fails to schedule the receipt of and /or and/or receive all or part of the Scheduled Non-Firm Energy and such failure is not excused under the terms of this Amended Agreement or by Seller’s 's failure to perform, then Department shall pay Seller, within ten five (105) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sale Sales Price from the Purchase Price. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.

Department Failure. If Department fails to schedule the receipt of and /or receive all or part of the Scheduled Non-Firm Energy and such failure is not excused under the terms of this Amended Agreement or by Seller’s failure to perform, then Department shall pay the Seller, within ten (10) Business Days of invoice receipt, an amount for deficiency equal to the positive difference, if any, obtained by subtracting the Sale Price from the Purchase Price. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.