Failure By Company on Behalf of Customers To Accept BGS-RSCP Supply Tendered By BGS-RSCP Supplier: Damages resulting from the failure of the
Failure By Company on Behalf of Customers To Accept BGS-CIEP Supply Tendered By BGS-CIEP Supplier: Damages resulting from the failure of the
Failure By Company on Behalf of Customers To Accept BGS-CIEP
Failure By Company on Behalf of Customers to Accept DS Supply Tendered by DS Supplier: Damages resulting from the failure of the Company on behalf of Customers to accept DS Supply tendered by the DS Supplier necessary to meet the DS Supplier Responsibility Share of DS Load under this Agreement shall consist of the positive difference (if any) between (i) the amounts that would have been payable to the DS Supplier hereunder had the Company accepted the DS Supply tendered by the DS Supplier necessary to meet the DS Supplier Responsibility Share of DS Load under this Agreement and (ii) the amount realized by the DS Supplier in disposing, in a commercially reasonable manner, of the DS Supply not accepted by the Company; provided, however, that the Company shall not be liable for any Damages if this Agreement is terminated by the PaPUC, other regulatory authority or a court of law.
(c) Damages Resulting from Early Termination Due to an Event of Default Attributable to the Company: Damages resulting from Early Termination due to an Event of Default attributable to the Company shall be as set forth in Section 5.4 of this Agreement. Damages calculated in accordance with said Article 5.4 shall be the exclusive remedy available to the DS Supplier in the event of Early Termination resulting from an
(d) Damages Resulting from DS Supplier’s Failure to Continuously Satisfy its AEPS Obligations: Damages resulting from the DS Supplier’s failure to continuously meet and satisfy all or any portion of its obligations under Section 2.2 (a)(viii) of this Agreement shall include, but not be limited to, the amount of all penalties, costs associated with the procurement of additional AECs, etc., including, without limitation, interest and other charges, if any, levied against the Company related to AEPS regulations, due to such DS Supplier’s conduct or inaction. DS Supplier has a specific obligation to provide the AECs and not money damages in substitution. Therefore, any such attempt to supply money damages instead of AECs may be treated as an event of default in the sole discretion of Company.
