Liability for Non Performance. (a) Unless and to the extent prevented from doing so without its fault or negligence and by an event of Force Majeure (as defined herein) or by a Forced Outage, if Seller fails to deliver Capacity to Buyer with respect to any transaction hereunder in accordance with the terms and conditions of this Confirmation Agreement, Seller shall pay Buyer, on the date payment would otherwise be due to Seller, an amount equal to (i) the product of (x) the deficiency in the Contract Quantity delivered and (y) the positive difference, if any, obtained by subtracting the Capacity Price from the Replacement Price, plus (ii) additional costs, if any, incurred by Xxxxx as a consequence of Seller's failure to perform, including, but not limited to penalties incurred, less (iii) any costs Buyer avoids as a consequence of Seller's failure to perform; or,. "
Liability for Non Performance. (a) Seller’s Failure to Deliver. If Seller fails to deliver all or part of the Product specified for each Delivery Deadlinea Season and Source Zone by the relevant Delivery Deadline and such failure is not excused bya result of Buyer’s failure to perform or excused by an event of Force Majeure, then Seller shall pay Buyer, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the applicable Contract Price from the ACP of the Compliance Zone ACP applicable to such Season multiplied by the days in Planning Yearthe applicable Season and multiplying such positive amount, if any, by the portion of the Contract Quantity which Seller failed to deliver. In addition, the Seller shall pay to Buyer all penalties and/or charges assessed to Buyer (either directly or through contractual obligation) resulting directly from Seller’s failure to deliver all or part of the Product or due to all or part of the Product being invalid or ineligible; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from Xxxxx’s election to become deficient in the Planning Resource Auction. The invoice from Buyer to Seller for any amount owed by Seller to Buyer pursuant to this provision shall include a written statement explaining in reasonable detail the calculation of such amount.
Liability for Non Performance. Neither of the parties hereto shall have any liability to each other for failure to perform its obligations hereunder unless such failure arises out of, directly or indirectly, the misconduct or gross negligence on the part of the nonperforming party. Neither party shall be required to perform any Service (or any part of any Service) to the extent that performance of such Service (or such part of such Service) would violate any law, rule or regulation.
Liability for Non Performance. (a) Seller’s Failure to Deliver. If Seller fails to deliver all or part of the Product specified by the relevant Delivery Deadline and such failure is not excused by Buyer’s failure to perform or by an event of Force Majeure, then Seller shall pay Buyer, within five (5) Business Days of invoice receipt, all Financial Settlement Charges and other penalties and/or charges assessed to Buyer (either directly or through contractual obligation) resulting directly from Seller’s failure to deliver all or part of the Product. In addition, to the extent that Seller’s failure to deliver all or part of the Product results in Buyer being assessed (i) Financial Settlement Charges and other penalties and/or charges for an amount of MW that is less than the Contract Quantity that Seller failed to deliver, or (ii) no Financial Settlement Charges and other penalties and/or charges for the Contract Quantity that Seller failed to deliver, then Buyer shall also be entitled to the positive difference, if any, obtained by subtracting the Contract Price from the Replacement Price and multiplying such positive difference, if any, by the portion of the Contract Quantity which Seller failed to deliver and for which no Financial Settlement Charges and other penalties and/or charges are assessed to Buyer. “
Liability for Non Performance. (a) Unless and to the extent prevented from doing so by an event of Force Majeure (as defined herein) or by a Forced Outage, if Seller fails to deliver Capacity to Buyer with respect to any transaction hereunder in accordance with the terms and conditions of this Confirmation Agreement, Seller shall pay Buyer, on the date payment would otherwise be due to Seller, an amount equal to (i) the product of (x) the deficiency in the Contract Quantity delivered and
Liability for Non Performance. Art. 66. (1) In the event that the CONTRACTOR has not completed the respective Stage to Actual completion within the deadlines, specified in the Time schedule for completion, and the retard is not due to a Force majeure circumstance or a reason, attributable to the CONTRACTING AUTHORITY, the CONTRACTOR shall pay forfeit to the CONTRACTING AUTHORITY, amounting to 0,2% (zero point two percent) per day from the price for the respective stage for each day of delay, but not more than 15% (fifty percent) from the price for the respective Stage.
Liability for Non Performance. Should the Subscriber demonstrate that youRhere has not performed its obligations under the Plan selected, youRhere shall credit one month’s Fees to the Subscriber for the period when the breach has occurred. youRhere’s maximum liability under this agreement is limited to the amount of the one year of annual fees.
Liability for Non Performance
