Remedy for PacifiCorp's Failure to Purchase Sample Clauses

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output and Green Tags required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller's failure to perform, then Seller shall first satisfy its obligations under Section 11.7 and then PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five (5) Business Days after invoice receipt, an amount equal to Seller's Cost to Cover multiplied by the amount of Net Output so not purchased, less amounts received by Seller pursuant to Section 11.7. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation thereof.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller's failure to perform, then Seller shall perform under Section 11.6 and PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five Business Days after invoice receipt, an amount equal to Seller's Cost to Cover multiplied by the amount of Net Output so not purchased, less amounts received by Seller pursuant to Section
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to purchase and receive any Net Output as and when required by this Agreement, including upon the occurrence and during the continuation of an Event of Default by PacifiCorp under Section 11.1.3, and such failure is not caused by Seller’s breach of its obligations under this Agreement or otherwise excused by Seller’s failure to perform under or comply with this Agreement or the terms of this Agreement, then PacifiCorp shall pay Seller within five (5) Business Days after receipt of an invoice from Seller, an amount equal to Seller’s Cost to Cover multiplied by the amount of Potential Net Output not purchased and received by PacifiCorp; provided that any disputes between the Parties with respect to the amount of such Potential Net Output will be resolved in accordance with Section 24. Seller’s invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount. Nothing in this Section 11.2.2 shall limit in any respect Seller’s right to terminate this Agreement and exercise its other rights and remedies in connection therewith pursuant to Section 11.3.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the energy (and associated Renewable Energy Credits) required to be purchased and accepted as Net Output pursuant to this Agreement and such failure is not excused under the terms of this Agreement or by Seller’s failure to perform, then PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five (5) Business Days after invoice receipt, an amount for such deficiency equal to (i) Seller’s Cost to Cover multiplied by the amount of energy that would have been generated by the Facility and delivered by Seller as Net Output, based on the average number of MWh’s expected to have been generated according to Seller’s latest available forecasts under Section 6.6.2, for the period not purchased and received by PacifiCorp, and (ii) the costs reasonably incurred by Seller (including transmission charges, if any) in selling such energy and/or Renewable Energy Credits. In addition, PacifiCorp shall be obligated to pay Seller an amount (the “PTC Amount”) equal to the sum of (a) the value of the PTCs, if applicable, associated the amount of such energy not purchased by PacifiCorp (and not excused under the terms of this Agreement or by Seller’s failure to perform), plus (b) an amount in respect of any taxes on the PTC Amount required to be paid by Seller to any taxation authority, to the extent that Seller is not eligible to receive the PTC value associated with such Net Output as a result of Seller’s inability to sell such Net Output to a substitute buyer and provided that Seller has used all commercially reasonable efforts to mitigate its damages (as provided in Section 10.6) to avoid the loss of PTC eligibility for such amounts. The invoice for amounts payable by PacifiCorp pursuant to this Section 10.2.2 shall include a written statement explaining in reasonable detail the calculation of all such amounts.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller's failure to perform, then Seller shall perform under Section 11.6 and PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five Business Days after invoice receipt, an amount equal to Seller's Cost to Cover multiplied by the amount of Net Output (a) not so purchased or (b) not so generated because PacifiCorp curtailed the Facility and such curtailment was not excused pursuant to Section 4.4 (such energy not so generated to be calculated in the manner described in Section 4.4), less amounts received by Seller pursuant to Section 11.6.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to purchase and receive any Net Output or pay Seller for any Compensable Curtailment Energy as and when required by this Agreement, including upon the occurrence and during the continuation of an Event of Default by PacifiCorp under Section 11.1.3, and such failure is not caused by Seller’s breach of its obligations under this Agreement or otherwise excused by Seller’s failure to perform under or comply with this Agreement or the terms of this Agreement, then PacifiCorp shall pay Seller within five (5) Business Days after receipt of an invoice from Seller, an amount equal to Seller’s Cost to Cover. Seller’s invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount. Nothing in this Section 11.2.2 shall limit in any respect Seller’s right to terminate this Agreement and exercise its other rights and remedies in connection therewith pursuant to Section 11.3. For the avoidance of doubt, this provision shall not apply with respect to any Compensable Curtailment Energy which is paid for by PacifiCorp in accordance with the terms of this Agreement.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output required to be purchased under this Agreement and such failure is not excused by Seller’s failure to perform under or comply with this Agreement, then PacifiCorp must pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five (5) Business Days after receipt of invoice, an amount equal to Seller’s Cost to Cover multiplied by the amount of Net Output not purchased. The invoice for such amount must include a written statement explaining in reasonable detail the calculation of such amount.
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Related to Remedy for PacifiCorp's Failure to Purchase

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