Common use of Failure to Take Delivery Clause in Contracts

Failure to Take Delivery. If Customer fails to accept all or part of the renewable energy sold hereunder and such failure is not excused by EKPC’s or the Cooperative’s failure to perform, then the Customer shall pay to the Cooperative, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the amount for which the renewable energy is actually sold by EKPC or Cooperative to another buyer from the price set forth herein. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.

Failure to Take Delivery. If Customer Retail Member fails to accept all or part of the renewable energy sold hereunder and such failure is not excused by EKPC’s or the Cooperative’s failure to perform, then the Customer Retail Member shall pay to the Cooperative, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the amount for which the renewable energy is actually sold by EKPC or Cooperative to another buyer from the price set forth herein. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.