Common use of Exchange of Written Confirmation Letters Clause in Contracts

Exchange of Written Confirmation Letters. 3.3.1 Unless otherwise agreed, the Seller shall, in respect of each Transaction, send to the Buyer by facsimile a written confirmation, substantially in the form set out in Schedule 6, of the Transaction (a "Confirmation Letter") recording the details of the Transaction within 2 Business Days of a Transaction having been entered into. 3.3.2 If the Buyer is satisfied that the Confirmation Letter accurately reflects the terms of the Transaction, the Buyer shall return the Confirmation Letter duly signed on its behalf to the Seller within 2 Business Days of receipt of the Confirmation Letter. 3.3.3 If the Buyer is not so satisfied, the Buyer shall inform the Seller of any inaccuracies within 2 Business Days of receipt of the Confirmation Letter from the Seller. If the Seller agrees that the Confirmation Letter is inaccurate, the Seller shall issue a new Confirmation Letter and the provisions of Clauses 3.3.1 and 3.3.2 shall apply with all necessary changes. 3.3.4 If the Buyer has not received a Confirmation Letter from the Seller within 2 Business Days of a Transaction having been entered into, the Buyer shall send to the Seller a Confirmation Letter, and Clauses 3.3.2 and 3.3.3 shall apply in relation to that Confirmation Letter by replacing all references to "Buyer" with "Seller" and all references to "Seller" with "Buyer" in those clauses and by replacing the reference to "2 Business Days" with "4 Business Days". 3.3.5 In the event that the price information contained in the confirmation differs from the calculated price under the pricing formula then the price formula calculation shall prevail. Similarly, in the event that the MW quantity information contained in the confirmation differs from the valid percentage of eligible volume subscribed then the latter shall prevail. 3.3.6 Failure by either Party to send or return a Confirmation Letter shall not: (a) affect the validity or enforceability of any Transaction: or (b) be a material breach of this Agreement under Clause 11.1.4.

Exchange of Written Confirmation Letters. 3.3.1 Unless otherwise agreed, the Seller shall, in respect of each Transaction, send to the Buyer by facsimile a written confirmation, substantially in the form set out in Schedule 6, of the Transaction (a "Confirmation Letter") recording the details of the Transaction within 2 Business Days of a Transaction having been entered into. 3.3.2 If the Buyer is satisfied that the Confirmation Letter accurately reflects the terms of the Transaction, the Buyer shall return the Confirmation Letter duly signed on its behalf to the Seller within 2 Business Days of receipt of the Confirmation Letter. 3.3.3 If the Buyer is not so satisfied, the Buyer shall inform the Seller of any inaccuracies within 2 Business Days of receipt of the Confirmation Letter from the Seller. If the Seller agrees that the Confirmation Letter is inaccurate, the Seller shall issue a new Confirmation Letter and the provisions of Clauses 3.3.1 and 3.3.2 shall apply with all necessary changes. 3.3.4 If the Buyer has not received a Confirmation Letter from the Seller within 2 Business Days of a Transaction having been entered into, the Buyer shall send to the Seller a Confirmation Letter, and Clauses 3.3.2 and 3.3.3 shall apply in relation to that Confirmation Letter by replacing all references to "Buyer" with "Seller" and all references to "Seller" with "Buyer" in those clauses and by replacing the reference to "2 Business Days" with "4 Business Days". 3.3.5 In the event that the price information contained in the confirmation differs from the calculated price under the pricing formula then the price formula calculation shall prevail. Similarly, in the event that the MW quantity information contained in the confirmation differs from the valid percentage of eligible volume subscribed then the latter shall prevail. 3.3.6 Failure by either Party to send or return a Confirmation Letter shall not: (a) affect the validity or enforceability of any Transaction: or (b) be a material breach of this Agreement under Clause 11.1.4.

Exchange of Written Confirmation Letters. 3.3.1 Unless otherwise agreed, the Seller shall, in respect of each Transaction, send to the Buyer by facsimile a written confirmation, substantially in the form set out in Schedule 6, of the Transaction (a "Confirmation Letter") recording the details of the Transaction within 2 Business Days of a Transaction having been entered into. 3.3.2 If the Buyer is so satisfied that the Confirmation Letter accurately reflects the terms of the Transaction, the Buyer shall return the Confirmation Letter duly signed on its behalf to the Seller within 2 Business Days of receipt of the Confirmation Letter. 3.3.3 If the Buyer is not so satisfied, the Buyer shall inform the Seller of any inaccuracies within 2 Business Days of receipt of the Confirmation Letter from the Seller. If the Seller agrees that the Confirmation Letter is inaccurate, the Seller shall issue a new Confirmation Letter and the provisions of Clauses 3.3.1 and 3.3.2 shall apply with all necessary changes. 3.3.4 If the Buyer has not received a Confirmation Letter from the Seller within 2 Business Days of a Transaction having been entered into, the Buyer shall send to the Seller a Confirmation Letter, and Clauses 3.3.2 and 3.3.3 shall apply in relation to that Confirmation Letter by replacing all references to "Buyer" with "Seller" and all references to "Seller" with "Buyer" in those clauses and by replacing the reference to "2 Business Days" with "4 Business Days". 3.3.5 In the event that the price information contained in the confirmation differs from the calculated price under the pricing formula then the price formula calculation shall prevail. Similarly, in the event that the MW quantity information contained in the confirmation differs from the valid percentage of eligible volume subscribed then the latter shall prevail. 3.3.6 Failure by either Party to send or return a Confirmation Letter shall not: (a) affect the validity or enforceability of any Transaction: or (b) be a material breach of this Agreement under Clause 11.1.4.

Exchange of Written Confirmation Letters. 3.3.1 Unless otherwise agreed, the Seller shall, in respect of each Transaction, send to the Buyer by facsimile a written confirmation, substantially in the form set out in Schedule 64, of the Transaction (a "“Confirmation Letter"”) recording the details of the Transaction within 2 Business Days of a the Transaction having been entered into. 3.3.2 If the Buyer is satisfied that the Confirmation Letter accurately reflects the terms of the Transaction, the Buyer shall return the Confirmation Letter duly signed on its behalf to the Seller within 2 Business Days of receipt of the Confirmation Letter. 3.3.3 If the Buyer is not so satisfied, the Buyer shall inform the Seller of any inaccuracies within 2 Business Days of receipt of the Confirmation Letter from the Seller. If the Seller agrees that the Confirmation Letter is inaccurate, the Seller shall issue a new Confirmation Letter and the provisions of Clauses 3.3.1 and 3.3.2 shall apply with all necessary changes. 3.3.4 If the Buyer has not received a Confirmation Letter from the Seller within 2 Business Days of a Transaction having been entered into, the Buyer shall send to the Seller a Confirmation Letter, and Clauses 3.3.2 and 3.3.3 shall apply in relation to that Confirmation Letter by replacing all references to "“Buyer" ” with "“Seller" ” and all references to "“Seller" ” with "“Buyer" ” in those clauses Clauses and by replacing the reference to "“2 Business Days" ” with "“4 Business Days"”. 3.3.5 In the event that the price information contained in the confirmation differs from the calculated price under the pricing formula then the price formula calculation shall prevail. Similarly, in the event that the MW quantity information contained in the confirmation differs from the valid percentage of eligible volume subscribed then the latter shall prevail. 3.3.6 Failure by either Party to send or return a Confirmation Letter shall not: (a) affect the validity or enforceability of any Transaction: , or (b) be a material breach of a material obligation under this Agreement under Clause 11.1.410.1.4.