Common use of EMW'S FAILURE TO SCHEDULE Clause in Contracts

EMW'S FAILURE TO SCHEDULE. If EESI and EMW have elected in a Transaction for the sale and purchase, and delivery of Energy on a firm basis, and if EMW fails to Schedule the Offered Quantity, then such occurrence unless excused by Force Majeure or EESI's failure to perform will constitute an "EMW SALES DEFAULT" and the "EMW DEFAULT QUANTITY" will be the numerical difference between the Offered Quantity and the quantity of Energy Scheduled for such period, stated in MWhs. In the event of an EMW Sales Default, EMW will pay EESI the sum of the following: (i) an amount equal to the product of the EMW Default Quantity and the Replacement Price Differential, PLUS (ii) liquidated damages equal to the product of $0.15 per MWh and the EMW Default Quantity, to compensate EESI for its administrative and operational costs. During any Month in which EMW's nonperformance under this Article 3.2 C continues for a period of 5 consecutive Days, EESI may elect, upon written notice to EMW, without liability, not to recommence Scheduling Energy or Ancillary Services hereunder for the remainder of the Month, but for no longer period. Subject to netting pursuant to Article 3.4, payment to EWSI will be made upon receipt of an invoice by EMW pursuant to Article 3.2 B and otherwise in accordance with the Financial Matters provisions set forth in Appendix "1".

EMW'S FAILURE TO SCHEDULE. If EESI and EMW have elected in a Transaction for the sale and purchase, and delivery of Energy Gas on a firm basis, and if on any Gas Day EMW fails to Schedule the Offered Quantity, then such occurrence occurrence, unless excused by Force Majeure or EESI's failure to perform perform, will constitute an "EMW SALES DEFAULT" and the "EMW DEFAULT QUANTITY" will be the numerical difference between the Offered Quantity and the quantity of Energy Gas Scheduled for such period, Gas Day stated in MWhsMMBtus. In the event of an EMW Sales Default, EMW will pay EESI the sum of the following: (i) an amount equal to the product of the EMW Default Quantity and the Replacement Price Differential, PLUS (ii) liquidated damages equal to the product of $0.15 per MWh MMBtu and the EMW Default Quantity, to compensate EESI for its administrative and operational costs. During any Month in which EMW's nonperformance under this Article 3.2 C continues for a period of 5 consecutive Days, Gas Days EESI may elect, upon written notice to EMW, without liability, not to recommence Scheduling Energy or Ancillary Services Gas hereunder for the remainder of the Month, but for no longer period. Subject to netting pursuant to Article 3.4, payment to EWSI will be made upon receipt of an invoice by EMW pursuant to Article 3.2 B and otherwise in accordance with the Financial Matters provisions set forth in Appendix "1".

EMW'S FAILURE TO SCHEDULE. If EESI and EMW have elected in a Transaction for the sale and purchase, and delivery of Energy Gas on a firm basis, and if on any Gas Day EMW fails to Schedule the Offered Requested Quantity, then such occurrence occurrence, unless excused by Force Majeure or EESI's failure to perform perform, will constitute an "EMW SALES DEFICIENCY DEFAULT" and the "EMW DEFAULT DEFICIENCY QUANTITY" will be the numerical difference between the Offered Requested Quantity and the quantity of Energy Gas Scheduled for such periodGas Day, stated in MWhsMMBtus. In the event of an EMW Sales Deficiency Default, EMW will pay EESI the sum of the following: (i) an amount equal to the product of the EMW Default Deficiency Quantity and the Replacement Price Differential, PLUS (ii) liquidated damages equal to the product of $0.15 per MWh MMBtu and the EMW Default Deficiency Quantity, to compensate EESI for its administrative and operational costs. During any Month in which EMW's nonperformance under this Article 3.2 3.1 C continues for a period of 5 consecutive Days, Gas Days EESI may elect, upon written notice to EMW, without liability, not to recommence Scheduling Energy or Ancillary Services hereunder Gas for the remainder of the such Month, but for no longer period. Subject to netting pursuant to Article 3.4, payment to EWSI EESI will be made upon receipt of an invoice by EMW pursuant to Article 3.2 B and otherwise in accordance with the Financial Matters provisions set forth in Appendix "1.".

EMW'S FAILURE TO SCHEDULE. If EESI and EMW have elected in a Transaction for the sale and purchase, and delivery of Energy on a firm basis, and if EMW fails to Schedule the Offered Requested Quantity, then such occurrence occurrence, unless excused by Force Majeure or EESI's failure to perform perform, will constitute an "EMW SALES DEFICIENCY DEFAULT" and the "EMW DEFAULT DEFICIENCY QUANTITY" will be the numerical difference between the Offered Requested Quantity and the quantity of Energy Scheduled for such period, stated in MWhs. In the event of an EMW Sales Deficiency Default, EMW will pay EESI the sum of the following: (i) an amount equal to the product of the EMW Default Deficiency Quantity and the Replacement Price Differential, PLUS (ii) liquidated damages equal to the product of $0.15 per MWh and the EMW Default Deficiency Quantity, to compensate EESI for its administrative and operational costs. During any Month in which EMW's nonperformance under this Article 3.2 3.1 C continues for a period of 5 consecutive Days, EESI may elect, upon written notice to EMW, without liability, not to recommence Scheduling Energy or Ancillary Services hereunder for the remainder of the such Month, but for no longer period. Subject to netting pursuant to Article 3.4, payment to EWSI EESI will be made upon receipt of an invoice by EMW pursuant to Article 3.2 B and otherwise in accordance with the Financial Matters provisions set forth in Appendix "1.".