Common use of Failure of Seller to Deliver Products Clause in Contracts

Failure of Seller to Deliver Products. In the event that Seller fails to Deliver the Products hereunder in accordance with Section 4.1, and such failure is not excused under the express terms of this Agreement (a “Delivery Shortfall”), Seller shall pay Buyer an amount for such Delivery Shortfall equal to the Cover Damages. Such payment shall be due no later than the date for Xxxxx’s payment for the applicable month as set forth in Section 5.2 hereof.

Failure of Seller to Deliver Products. In the event that Seller fails to Deliver the Products hereunder in accordance with Section 4.1, and such failure is not excused under the express terms of this Agreement (a “Delivery Shortfall”), Seller shall pay Buyer an amount for such Delivery Shortfall equal to the Cover Damages. Such payment shall be due no later than the date for XxxxxBuyer’s payment for the applicable month as set forth in Section 5.2 hereof.