Common use of Early Termination by Company Clause in Contracts

Early Termination by Company. Damages resulting from (i) a BGS- RSCP Supplier’s failure to (A) provide BGS-RSCP Supply in conformance with Section 2.2 hereof or (B) pay PJM for purchases of any products or services from PJM, or other failure to comply with PJM requirements, such that PJM holds the Company responsible for the provision of Energy, Capacity, or Ancillary Services to meet such BGS-RSCP Supplier’s BGS-RSCP Supplier Responsibility Share under this Agreement or (ii) the occurrence of any Event of Default attributable to a BGS-RSCP Supplier resulting in Early Termination, shall include all Costs incurred by the Company, acting in a commercially reasonable manner consistent with any statutory or regulatory requirements imposed by the Applicable Legal Authorities, in obtaining replacement services or in obtaining a replacement supplier, which Costs exceed the amounts that would have been payable to the defaulting BGS-RSCP Supplier under this Agreement. Costs incurred by the Company for the purpose of calculating Damages hereunder will consist of:

Early Termination by Company. Damages resulting from (i) a BGS- RSCP CIEP Supplier’s failure to (A) provide BGS-RSCP CIEP Supply in conformance with Section 2.2 hereof or (B) pay PJM for purchases of any products or services from PJM, or other failure to comply with PJM requirements, such that PJM holds the Company responsible for the provision of Energy, Capacity, or Ancillary Services to meet such BGS-RSCP CIEP Supplier’s BGS-RSCP CIEP Supplier Responsibility Share under this Agreement or (ii) the occurrence of any Event of Default attributable to a BGS-RSCP CIEP Supplier resulting in Early Termination, shall include all Costs incurred by the Company, acting in a commercially reasonable manner consistent with any statutory or regulatory requirements requirement imposed by the Applicable Legal Authorities, in obtaining replacement services or in obtaining a replacement supplier, which Costs exceed the amounts that would have been payable to the defaulting BGS-RSCP CIEP Supplier under this Agreement. Costs incurred by the Company for the purpose of calculating Damages hereunder will consist of:

Early Termination by Company. Damages resulting from (i) a BGS- RSCP Supplier’s failure to (A) provide BGS-RSCP Supply in conformance with Section 2.2 hereof or (B) pay PJM for purchases of any products or services from PJM, or other failure to comply with PJM requirements, such that PJM holds the Company responsible for the provision of Energy, Capacity, Firm Transmission Service or Ancillary Services to meet such BGS-RSCP Supplier’s BGS-RSCP Supplier Responsibility Share under this Agreement or (ii) the occurrence of any Event of Default attributable to a BGS-RSCP Supplier resulting in Early Termination, shall include all Costs incurred by the Company, acting in a commercially reasonable manner consistent with any statutory or regulatory requirements imposed by the Applicable Legal Authorities, in obtaining replacement services or in obtaining a replacement supplier, which Costs exceed the amounts that would have been payable to the defaulting BGS-RSCP Supplier under this Agreement. Costs incurred by the Company for the purpose of calculating Damages hereunder will consist of:

Early Termination by Company. Damages resulting from (i) a BGS- RSCP CIEP Supplier’s failure to (A) provide BGS-RSCP CIEP Supply in conformance with Section 2.2 hereof or (B) pay PJM for purchases of any products or services from PJM, or other failure to comply with PJM requirements, such that PJM holds the Company responsible for the provision of Energy, Capacity, Firm Transmission Service or Ancillary Services to meet such BGS-RSCP CIEP Supplier’s BGS-RSCP CIEP Supplier Responsibility Share under this Agreement or (ii) the occurrence of any Event of Default attributable to a BGS-RSCP CIEP Supplier resulting in Early Termination, shall include all Costs incurred by the Company, acting in a commercially reasonable manner consistent with any statutory or regulatory requirements requirement imposed by the Applicable Legal Authorities, in obtaining replacement services or in obtaining a replacement supplier, which Costs exceed the amounts that would have been payable to the defaulting BGS-RSCP CIEP Supplier under this Agreement. Costs incurred by the Company for the purpose of calculating Damages hereunder will consist of:

Early Termination by Company. Damages resulting from (i) a BGS- RSCP CIEP Supplier’s failure to (A) provide BGS-RSCP CIEP Supply in conformance with Section 2.2 hereof or (B) transfer Renewable Energy Certificates and Solar Renewable Energy Certificates, or otherwise comply with the RPS requirements utilizing alternative compliance payments as provided for under N.J.A.C. 14:8-2.2 corresponding to its BGS- CIEP Supplier Responsibility Share, or (C) pay PJM for purchases of any products or services from PJM, or other failure to comply with PJM requirements, such that PJM holds the Company responsible for the provision of Energy, Capacity, Firm Transmission Service or Ancillary Services to meet such BGS-RSCP CIEP Supplier’s BGS-RSCP CIEP Supplier Responsibility Share under this Agreement or (ii) the occurrence of any Event of Default attributable to a BGS-RSCP CIEP Supplier resulting in Early Termination, shall include all Costs incurred by the Company, acting in a commercially reasonable manner consistent with any statutory or regulatory requirements requirement imposed by the Applicable Legal Authorities, in obtaining replacement services or in obtaining a replacement supplier, which Costs exceed the amounts that would have been payable to the defaulting BGS-RSCP CIEP Supplier under this Agreement. Costs incurred by the Company for the purpose of calculating Damages hereunder will consist of:

Early Termination by Company. Damages resulting from (i) a BGS- RSCP Supplier’s failure to (A) provide BGS-RSCP Supply in conformance with Section 2.2 hereof or (B) transfer Renewable Energy Certificates and Solar Renewable Energy Certificates, or otherwise comply with the RPS requirements utilizing alternative compliance payments as provided for under N.J.A.C. 14:8-2.2 corresponding to its BGS- RSCP Supplier Responsibility Share, or (C) pay PJM for purchases of any products or services from PJM, or other failure to comply with PJM requirements, such that PJM holds the Company responsible for the provision of Energy, Capacity, Firm Transmission Service or Ancillary Services to meet such BGS-RSCP Supplier’s BGS-RSCP Supplier Responsibility Share under this Agreement or (ii) the occurrence of any Event of Default attributable to a BGS-RSCP Supplier resulting in Early Termination, shall include all Costs incurred by the Company, acting in a commercially reasonable manner consistent with any statutory or regulatory requirements imposed by the Applicable Legal Authorities, in obtaining replacement services or in obtaining a replacement supplier, which Costs exceed the amounts that would have been payable to the defaulting BGS-BGS- RSCP Supplier under this Agreement. Costs incurred by the Company for the purpose of calculating Damages hereunder will consist of: