Failure to Deliver Electricity. To the extent that the Seller fails to deliver a quantity of electricity in accordance with § 8 (Primary Obligations For Delivery and Acceptance of Electricity) during a Delivery Period, and such failure is not excused by an event of Force Majeure or the Buyer's non-performance, the Seller shall pay the Buyer as compensation for damages an amount for such quantity of undelivered electricity equal to the product of: (a) the amount, if positive, by which the price, if any, at which the Buyer acting in a commercially reasonable manner is or would be able to purchase or otherwise acquire in the market the quantity of undelivered electricity exceeds the Electricity Contract Price; and (b) the quantity of undelivered electricity, and such amount shall be increased by any Use of System Costs and other reasonable and verifiable costs and expenses incurred by the Buyer as a result of the Seller's failure.
Appears in 8 contracts
Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement, Individual Power Purchase Agreement
