Common use of Failure of Delivery Clause in Contracts

Failure of Delivery. In the event that Supplier fails to schedule all or part of the Full Requirements Retail Electric Supply as set forth herein and Supplier’s failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for SSO Service or other Energy supply arrangement necessary to cure such Energy deficiency, Supplier shall reimburse Participating Customer, on the later of ten (10) days after receipt of invoice or the date payment would otherwise be due to Supplier, an amount determined by multiplying (a) the aggregate deficiency in the Full Requirements Retail Electric Supply by (b) the full replacement cost. IN THE EVENT OF SUPPLIER’S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, SUPPLIER’S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-DELIVERY SHALL BE THE GOVERNMENT AGGREGATOR’S AND THE PARTICIPATING CUSTOMERS’ SOLE REMEDY FOR SUPPLIER’S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.

Failure of Delivery. In the event that Supplier fails to schedule all or part of the Full Requirements Retail Electric Supply as set forth herein and Supplier’s failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for SSO Service or other Energy supply arrangement necessary to cure such Energy deficiency, Supplier shall reimburse Participating Customer, on the later of ten (10) days after receipt of invoice or the date payment would otherwise be due to Supplier, an amount determined by multiplying (a) the aggregate deficiency in the Full Requirements Retail Electric Supply by (b) the full replacement cost. IN THE EVENT OF SUPPLIER’S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, SUPPLIER’S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-DELIVERY SHALL BE THE GOVERNMENT AGGREGATOR’S AND THE PARTICIPATING CUSTOMERS’ SOLE REMEDY FOR SUPPLIER’S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.AGREEMENT.‌

Failure of Delivery. In the event that Supplier fails to schedule all or part of the Full Requirements Retail Electric Supply as set forth herein and Supplier’s failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for SSO Tariffed Service or other Energy supply arrangement necessary to cure such Energy deficiency, Supplier shall reimburse Participating Customer, on the later of ten (10) days after receipt of invoice or the date payment would otherwise be due to Supplier, an amount determined by multiplying (a) the aggregate deficiency in the Full Requirements Retail Electric Supply by (b) the full replacement costReplacement Price. IN THE EVENT OF SUPPLIER’S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, SUPPLIER’S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-NON- DELIVERY SHALL BE THE GOVERNMENT GOVERNMENTAL AGGREGATOR’S AND THE PARTICIPATING CUSTOMERS’ SOLE REMEDY FOR SUPPLIER’S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.