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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Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
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.Section
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