Failure to Accept Electricity. To the extent that the Buyer fails to accept a quantity of electricity in accordance with § 8 (Primary Obligations For Delivery and Acceptance of Electricity) during a Delivery Period, the Buyer shall pay the Seller as compensation for damages an amount for such quantity of non-accepted electricity equal to the product of: (a) the amount, if positive, by which the Electricity 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 electricity; and (b) the quantity of non-accepted electricity, and such amount shall be increased by any Use of System Costs and other reasonable and verifiable costs and expenses incurred by the Seller as a result of the Buyer's failure.
Appears in 8 contracts
Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement, Individual Power Purchase Agreement
