Performance Obligation. 11.1 Interconnection Customer's Interconnection Facilities 11.2 Participating TO's Interconnection Facilities 11.3 Network Upgrades and Distribution Upgrades
Performance Obligation. Developer’s Attachment Facilities 11.2 Connecting Transmission Owner’s Attachment Facilities
Performance Obligation. 3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction.
3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas to a third party, and no such replacement or sale is available for all or any portion of the Contract Quantity of Gas, then in addition to (i) or (ii) above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party’s invoice, which shall set forth the basis upon...
Performance Obligation. 36 11.1 Developer Attachment Facilities. 36 11.2 Connecting Transmission Owner’s Attachment Facilities. 36
Performance Obligation. 11.1 Interconnection Customer's Interconnection Facilities ..........................................................
Performance Obligation. 24 11.1 Attachment Facilities 24 11.2 System Upgrade Facilities and System Deliverability Upgrades 24
Performance Obligation. As time is of the essence, Seller shall deliver all orders for Material 100% "on time." The term "on time" shall mean on, or no sooner than two (2) days prior to, the delivery date.
Performance Obligation. 11.1 Developer’s Attachment Facilities 11.2 Connecting Transmission Owner’s Attachment Facilities
11.3 System Upgrade Facilities and System Deliverability Upgrades
11.4 Special Provisions for Affected Systems 11.5 Provision of Security 11.6 Developer Compensation for Emergency Services 11.7 Line Outage Costs
Performance Obligation. 3.1. Xxxxxx agrees to sell and deliver, and Xxxxx agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction.
Performance Obligation. 3.1. Seller agrees to sell or exchange and deliver and Xxxxx agrees to purchase or exchange and receive the Contract Quantity for a particular Transaction in accordance with the terms of the Contract. The delivery and acceptance of Product under a Transaction shall be as described in a Confirmation. The Parties agree that for Standard Performance Obligation, Seller shall not be obligated to provide Notice to Buyer of any reason excusing its performance; provided, however, Seller shall provide Buyer with prompt oral or electronic notice of the event excusing performance. Such notice(s) shall be made to the Commercial and Contract addresses specified in the Master Agreement, as such addresses may be changed upon Notice to the other party from time to time.
