Common use of Failure to Receive Clause in Contracts

Failure to Receive. (a) Subject to subparagraph (b) below and unless excused by Seller's failure to perform or Force Majeure, if Buyer fails to receive all or part of the required or otherwise Scheduled Contract Quantity of energy at the Delivery Point, Buyer shall pay Seller, on the date payment would otherwise be due to Seller, an amount for each kWh of such deficiency equal to the positive difference, if any, obtained by subtracting the Replacement Price for the deficient Contract Quantity from the Energy Charge, plus twenty percent (20%) of the resulting amount. "Replacement Price" means the price at which Seller, acting in a commercially reasonable manner, sells the deficiency energy not received by Buyer (plus additional transmission charges, if any, incurred by Seller to the Delivery Point) or, absent a purchase, the market price for such quantity of energy at such Delivery Point as determined by Seller in a commercially reasonable manner; provided, however, in no event shall the Replacement Price include any penalties, ratcheted demand or similar charges.

Failure to Receive. (a) Subject to subparagraph (b) below and unless Unless excused by Seller's failure to perform or Force Majeure, if Buyer fails to receive all or part of the required or otherwise Scheduled Contract Quantity of energy at the Delivery Point, Buyer shall pay Seller, on the date payment would otherwise be due to Seller, an amount for each kWh of such deficiency equal to the positive difference, if any, obtained by subtracting the Replacement Price for the deficient Contract Quantity from the Energy Charge, plus twenty percent (20%) of the resulting amount. "Replacement Price" means the price at which Seller, acting in a commercially reasonable manner, sells the deficiency energy not received by Buyer (plus additional transmission charges, if any, incurred by Seller to the Delivery Point) or, absent a purchase, the market price for such quantity of energy at such Delivery Point as determined by Seller in a commercially reasonable manner; provided, however, in no event shall the Replacement Price include any penalties, ratcheted demand or similar charges.