Failure to Accept Certificates. To the extent that the Buyer fails to accept a quantity of Certificates in accordance with § 10 (Primary Obligations for Delivery and Acceptance of Certificates) during a Delivery Period, and such failure is not remedied within three (3) Business Days and is not excused by an event of Force Majeure or the Seller's non-performance, the Buyer shall pay the Seller as compensation for damages an amount for such quantity of non-accepted Certificates equal to the product of: (a) the amount, if positive, by which the Certificate Contract Price exceeds the price at which the Seller, acting in a commercially reasonable manner, is or would be able to sell or otherwise dispose of in the market the quantity of non-accepted Certificates; and (b) the quantity of non-accepted Certificates, and such amount shall be increased by the Seller's costs of a broker, but no other costs and expenses incurred by the Seller as a result of the Buyer's failure.
Appears in 7 contracts
Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement, Individual Power Purchase Agreement
Failure to Accept Certificates. To the extent that the Buyer fails to accept a quantity of Certificates in accordance with § 10 (Primary Obligations for Delivery and Acceptance of Certificates) during a Delivery Period, and such failure is not remedied within three (3) Business Days and is not excused by an event of Force Majeure or the Seller's non-performance, the Buyer shall pay the Seller as compensation for damages an amount for such quantity of non-accepted Certificates equal to the product of:
: (a) the amount, if positive, by which the Certificate Contract Price exceeds the price at which the Seller, acting in a commercially reasonable manner, is or would be able to sell or otherwise dispose of in the market the quantity of non-non- accepted Certificates; and
and (b) the quantity of non-accepted Certificates, ; and such amount shall be increased by the Seller's costs of a broker, but no other costs and expenses incurred by the Seller as a result of the Buyer's failure.
Appears in 2 contracts
Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement
Failure to Accept Certificates. To the extent that the Buyer fails to accept a quantity of Certificates in accordance with § 10 (Primary Obligations for Delivery and Acceptance of Certificates) during a Delivery Period, and such failure is not remedied within three (3) Business Days and is not excused by an event of Force Majeure or the Seller's non-performance, the Buyer shall pay the Seller as compensation for damages an amount for such quantity of non-accepted Certificates equal to the product of:
(a) the amount, if positive, by which the Certificate Contract Price exceeds the price price, if any, at which the Seller, acting in a commercially reasonable manner, is or would be able to sell or otherwise dispose of in the market the quantity of non-accepted Certificates; and
(b) the quantity of non-accepted Certificates, and such amount shall be increased by the Seller's costs of a broker, but no other costs and expenses incurred by the Seller as a result of the Buyer's failure.
Appears in 1 contract
Samples: Individual Power Purchase Agreement
