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.”
Sample 1
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.
Sample 1
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; Remedies, Etc No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

  • Remedies for Events of Default If an Event of Default, as defined in the Indenture, occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Notes then outstanding may declare all the Notes to be immediately due and payable. If a bankruptcy or insolvency default with respect to the Company or any of its Significant Subsidiaries occurs and is continuing, the Notes automatically become immediately due and payable. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in principal amount of the Notes then outstanding may direct the Trustee in its exercise of any trust or power.

  • No Waiver; Cumulative Remedies; Amendments Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

  • 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 for Title Defects Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

  • Waivers, Non-Exclusive Remedies No failure on the part of Agent or any Lender to exercise, and no delay in exercising and no course of dealing with respect to, any right under this Agreement or the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent or any Lender of any right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights in this Agreement and the other Loan Documents are cumulative and shall in no way limit any other remedies provided by law.

  • 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 Administrative Agent or 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 the 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 Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Rights and Remedies Cumulative; Non-Waiver; etc The enumeration of the rights and remedies of the Administrative Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Administrative Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the other Loan Documents or that may now or hereafter exist at law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Administrative Agent or any Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No course of dealing between the Borrower, the Administrative Agent and the Lenders or their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement or any of the other Loan Documents or to constitute a waiver of any Event of Default.

  • Cumulative Remedies; No Waiver The rights, powers, privileges and remedies of the Administrative Agent and the Lenders provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by Law or equity. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Article 8 hereof are inserted for the sole benefit of the Administrative Agent and the Lenders; the same may be waived in whole or in part, with or without terms or conditions, in respect of any Borrowing without prejudicing the Administrative Agent’s or the Lenders’ rights to assert them in whole or in part in respect of any other Borrowing.

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