Common use of Failure to Provide Substitute Capacity Clause in Contracts

Failure to Provide Substitute Capacity. If Seller fails to provide Substitute Capacity or Buyer is unable to utilize the Substitute Capacity under the Substitution Rules, in each case, due to Seller’s failure to fulfill its obligations under Section 3.9(b)(ii), then Seller shall pay for any and all Non-Availability Charges incurred by Buyer for such failure or inability to utilize the Substitution Rules; provided, that if Seller fails to provide Substitute Capacity or Buyer is unable to utilize the Substitution Rules, in each case, because the Substitute Capacity does not qualify for substitution under the last sentence of Section 40.9.4.2.1(1) of the Tariff or under the last sentence of Section 40.9.4.2.1(2) of the Tariff, then Seller shall not be responsible for any such Non-Availability Charges described in this Section 3.9(c) associated with such inability.

Failure to Provide Substitute Capacity. If Seller fails to provide Substitute Capacity or Buyer is unable to utilize the Substitute Capacity under the Substitution Rules, in each case, Rules due to Seller’s failure to fulfill its obligations under Section 3.9(b)(ii), then Seller shall pay for any and all Non-Availability Charges incurred by Buyer for such failure or inability to utilize the Substitution Rules; provided, that if Seller fails to provide Substitute Capacity or Buyer is unable to utilize the Substitution Rules, in each case, Rules because the Substitute Capacity does not qualify for substitution under the last sentence of Section 40.9.4.2.1(140.9.4.2.1(1)(i) of the Tariff or under the last sentence of Section 40.9.4.2.1(2(ii) of the Tariff, or a Planned Outage coincides with the substitution request, then Seller shall not be responsible for any such Non-Availability Charges described in this Section 3.9(c3.9(d) associated with such inability.

Failure to Provide Substitute Capacity. If Seller fails to provide Substitute Capacity or Buyer is unable to utilize the Substitute Capacity under the Substitution Rules, in each case, Rules due to Seller’s failure to fulfill its obligations under Section 3.9(b)(ii), then Seller shall pay for any and all Non-Availability Charges incurred by Buyer for such failure or inability to utilize the Substitution Rules; provided, that if Seller fails to provide Substitute Capacity or Buyer Xxxxx is unable to utilize the Substitution Rules, in each case, Rules because the Substitute Capacity does not qualify for substitution under the last sentence of Section 40.9.4.2.1(140.9.4.2.1 (1 )(i) of the Tariff or under the last sentence of Section 40.9.4.2.1(2(ii) of the Tariff, or a Planned Outage coincides with the substitution request, then Seller shall not be responsible for any such Non-Non­ Availability Charges described in this Section 3.9(c) associated with such inability.

Failure to Provide Substitute Capacity. If Seller fails to provide Substitute Capacity or Buyer is unable to utilize the Substitute Capacity under the Substitution Rules, in each case, Rules due to Seller’s failure to fulfill its obligations under Section 3.9(b)(ii), then Seller shall pay for any and all Non-Availability Charges incurred by Buyer for such failure or inability to utilize the Substitution Rules; provided, that if Seller fails to provide Substitute Capacity or Buyer is unable to utilize the Substitution Rules, in each case, Rules because the Substitute Capacity does not qualify for substitution under the last sentence of Section 40.9.4.2.1(140.9.4.2.1(1 )(i) of the Tariff or under the last sentence of Section 40.9.4.2.1(2(ii) of the Tariff, or a Planned Outage coincides with the substitution request, then Seller shall not be responsible for any such Non-Non­ Availability Charges described in this Section 3.9(c) associated with such inability.