Common use of Department Failure Clause in Contracts

Department Failure. If Department fails to schedule and/or receive all or part of the Energy and such failure is not excused under the terms of this Agreement or by Seller’s failure to perform, then Department shall pay Seller, within five (5) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the 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 and/or 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 five ten (510) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales 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 and/or receive all or part of the Energy and such failure is not excused under the terms of this Agreement or by Seller’s 's failure to perform, then Department shall pay Seller, within five (5) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the 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 the Department fails to schedule and/or receive accept delivery of all or part of the scheduled Unit Contingent Energy and such failure is not excused under the terms of this Agreement or by the Seller’s failure to performperform hereunder, then the Department shall pay the Seller, within five ten (510) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales 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 and/or receipt and /or receive all or part of the Non-Firm Energy and such failure is not excused under the terms of this Agreement or by Seller’s failure to perform, then Department shall pay the Seller, within five ten (510) Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales 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.