Common use of Failure To Deliver Energy Clause in Contracts

Failure To Deliver Energy. Except as provided in Sections 3.2(h), 3.3, 5.5(c) and (d), in no event shall a failure by Seller to deliver Energy from the Unit be deemed to be an Event of Default or cause for termination, suspension or action for damages, as the sole remedies of Buyer for Seller’s failure to provide Capacity or deliver Energy are the Availability Adjustment, the Guaranteed Starting Reliability Adjustment and the energy withholding damages in Section 3.2(h).

Failure To Deliver Energy. Except as provided in Sections 3.2(h), 3.3, 5.5(c) and (d), in no event shall a failure by Seller to deliver Energy from the Unit be deemed to be an Event of Default or cause for termination, suspension or action for damages, as the sole remedies of Buyer for Seller’s failure to provide Capacity or deliver Energy are the Availability Adjustment, the Guaranteed Starting Reliability Adjustment and the energy withholding damages diversion penalty in Section 3.2(h).