Failure to Deliver Environmental Attributes. If Seller fails to transfer to Buyer any Environmental Attributes required to be transferred by this Section 3.3 and such failure is not excused under the terms of this Agreement or by Buyer’s failure to perform or if any representation made by Seller with respect to such Environmental Attributes is determined to have been incorrect in any material respect when made, then Seller shall, with respect to the quantity of Environmental Attributes that Seller failed to transfer or to which such representation applied, as applicable, pay to Buyer as damages (“Replacement EA Damages”) an amount equal to (x) the Replacement EA Value for the vintage year in which the Discharging Energy associated with such Environmental Attributes was delivered multiplied by (y) the quantity of Environmental Attributes that Seller failed to transfer or that were adversely affected by the inaccuracy of such representation, as applicable. Buyer will invoice Seller for any Replacement EA Damages within thirty (30) days following discovery of such inaccurate representation, as applicable, which invoice will be due and payable by Seller in accordance with Section 5.2.
Appears in 5 contracts
Samples: Storage Capacity Agreement, Storage Capacity Agreement, Storage Capacity Agreement
Failure to Deliver Environmental Attributes. If Seller fails to transfer to Buyer any Environmental Attributes required to be transferred by this Section 3.3 and such failure is not excused under the terms of this Agreement or by Buyer’s failure to perform or if any representation made by Seller with respect to such Environmental Attributes is determined to have been incorrect in any material respect when made, then Seller shall, with respect to the quantity of Environmental Attributes that Seller failed to transfer or to which such representation applied, as applicable, pay to Buyer as damages (“Replacement EA Damages”) an amount equal to (x) the Replacement EA Value for the vintage year in which the Discharging Energy associated with such Environmental Attributes was delivered multiplied by (y) the quantity of Environmental Attributes that Seller failed to transfer or that were adversely affected by the inaccuracy of such representation, as applicable. Buyer will invoice Seller for any Replacement EA Damages within thirty (30) days following discovery of such inaccurate representation, as applicable, which invoice will be due and payable by Seller in accordance with Section 5.2.5.2.
Appears in 2 contracts
Samples: Storage Capacity Agreement, Storage Capacity Agreement
