Remedies for Failure to Deliver Receive Sample Clauses

Remedies for Failure to Deliver Receive. Section 8.01.
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Remedies for Failure to Deliver Receive. 1. Section 4.1 shall be deleted in its entirety and the following shall be substituted in its stead: “Seller Failure. If Seller fails to deliver all or part of the Product requested by Buyer in a Dispatch Notice pursuant to the Amended and Restated Confirmation Agreement, and such failure is not excused by the terms of the Amended and Restated Confirmation Agreement, by Force Majeure, by Buyer's failure to perform, or by any Scheduled Outage or Unscheduled Outage of the Facility, as defined in the Amended and Restated Confirmation Agreement (a “Seller Failure”), Buyer may elect to receive payment from Seller of an amount equal to the product of the amount of the Product Seller fails to deliver multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Replacement Price; in such event, Seller shall make payment to Buyer by the later of the twentieth (20th) day of each month or the tenth (10th) day after receipt of the applicable invoice, whichever is later, which invoice shall include a written statement explaining in reasonable detail the calculation of such amount; provided, however, in the event that Seller Failure is willful and occurs during a CAISO Stage 1-2-3 alert, and Seller did not believe that such Seller Failure was excused (with a valid basis for such belief), then Seller shall pay Buyer, as liquidated damages and not as a penalty, an amount equal to $1,500,000 per day for each day during which such intentional Seller Failure occurs. Such liquidated damages shall be due and owing during the next billing cycle. The parties hereto agree that damages at the time of Seller Failure would be very difficult to measure accurately and that the foregoing liquidated damages amount is a reasonable estimate of the amount necessary to compensate the Department for such Seller Failure. If Seller provides any Energy from the Facility to any third party other than in compliance with Section 5.06 of the Amended and Restated Confirmation Agreement, then Seller shall pay Buyer, as liquidated damages and not as a penalty, an amount equal to $1,500,000 per day for each day on which Seller provided Energy from the Facility to such third party.
Sample 1
Remedies for Failure to Deliver Receive. 1. Section 4.1 shall be deleted in its entirety and the following shall be substituted in its stead: “Seller Failure. If Seller fails to deliver all or part of the Product requested by Buyer in a Dispatch Notice pursuant to the Confirmation Agreement, and such failure is not excused by the terms of the Confirmation Agreement, by Force Majeure, by Buyer's failure to perform, or by any Scheduled Outage or Unscheduled Outage of the Facility, as defined in the Confirmation Agreement (a “Seller Failure”), Buyer may elect to receive payment from Seller of an amount equal to the product of the amount of the Product Seller fails to deliver multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Replacement Price; in such event, Seller shall make payment to Buyer by the later of the twentieth (20th) day of each month or the tenth (10th) day after receipt of the applicable invoice, whichever is later, which invoice shall include a written statement explaining in reasonable detail the calculation of such amount; provided, however, in the event that a Seller Failure is willful and Seller delivers power from the Facility to a party other than Buyer and other than pursuant to the terms of Section 5.06 and Section 5.07 of the Confirmation Agreement, such Seller Failure shall be deemed an Event of Default.”
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Remedies for Failure to Deliver Receive. Sections 3.6 (if applicable), 5.1(c), 6.4, and 6.5 of the EEI Master Agreement are hereby amended by adding the phrase “with respect to Power Products and Paragraph 3.2 of the Gas Annex with respect to Gas Products” after the first reference to “Article Four” in each instance set forth therein.
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Remedies for Failure to Deliver Receive. Sections 4.1 and 4.2 shall be deleted in its entirety and replaced with the following Section 4.1: "The Parties agree that remedies for a Party’s failure to schedule and/or deliver or receive, as applicable, all or part of the Product shall be provided for in the "Performance Penalties," provision in the Confirmation."
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Remedies for Failure to Deliver Receive. Section 4.1 shall be deleted in its entirety and replaced with the following Section 4.1: “4.1
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Remedies for Failure to Deliver Receive 
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Related to Remedies for Failure to Deliver Receive

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

  • No Waiver; Cumulative Remedies; Enforcement No failure by any Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided, and provided under each other Loan Document, are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law. Notwithstanding anything to the contrary contained herein or in any other Loan Document, the authority to enforce rights and remedies hereunder and under the other Loan Documents against the Loan Parties or any of them shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with Section 8.02 for the benefit of all the Lenders and the L/C Issuer; provided, however, that the foregoing shall not prohibit (a) the Administrative Agent from exercising on its own behalf the rights and remedies that inure to its benefit (solely in its capacity as Administrative Agent) hereunder and under the other Loan Documents, (b) the L/C Issuer or the Swing Line Lender from exercising the rights and remedies that inure to its benefit (solely in its capacity as L/C Issuer or Swing Line Lender, as the case may be) hereunder and under the other Loan Documents, (c) any Lender from exercising setoff rights in accordance with Section 10.08 (subject to the terms of Section 2.13), or (d) any Lender from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to any Loan Party under any Debtor Relief Law; and provided, further, that if at any time there is no Person acting as Administrative Agent hereunder and under the other Loan Documents, then (i) the Required Lenders shall have the rights otherwise ascribed to the Administrative Agent pursuant to Section 8.02 and (ii) in addition to the matters set forth in clauses (b), (c) and (d) of the preceding proviso and subject to Section 2.13, any Lender may, with the consent of the Required Lenders, enforce any rights and remedies available to it and as authorized by the Required Lenders.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least a majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement.

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