Common use of Remedy for PacifiCorp's Failure to Purchase Clause in Contracts

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output and associated 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 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. In addition, to the extent Seller is unable to sell the Net Output to third parties, 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, that would have been earned by Seller associated with the amount of such Net Output not purchased by PacifiCorp (and not excused under the terms hereof or by Seller’s failure to perform) at no more than $19.00 MWh adjusted annually for inflation, 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 11.6) to avoid the loss of PTC eligibility for such amounts. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation thereof.

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output and associated Green Tags required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller’s '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 (5) Business Days after invoice receipt, an amount equal to Seller’s 's Cost to Cover multiplied by the amount of Net Output so not purchased, less amounts received by Seller pursuant to Section 11.6. In addition, to the extent Seller has elected PTCs and is unable to sell the Net Output to third parties, 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, that would have been earned by Seller associated with the amount of such Net Output not purchased by PacifiCorp or others pursuant to Section 11.6 (and not excused under the terms hereof or by Seller’s 's failure to perform) at no more than $19.00 21.00 MWh adjusted annually for inflation, plus (b) an amount in respect of any taxes on the PTC Amount required to be paid by Seller to any taxation authority, up to a maximum of 41 percent, to the extent that Seller is not eligible to receive the PTC value associated with such Net Output as a result of Seller’s '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 11.6) 11.6 to sell such Net Output and avoid the loss of PTC eligibility for such amounts. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation thereof.

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output energy (and associated Green Tags Renewable Energy Credits) required to be purchased and accepted as Net Output pursuant hereto to this Agreement and such failure is not excused under the terms hereof of this Agreement or by SellerSelle’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 Facilityand delivered by Seller as Net Output so 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 purchasedpurchased 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, to the extent Seller is unable to sell the Net Output to third parties, 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, that would have been earned by Seller associated with the amount of such Net Output energy not purchased by PacifiCorp (and not excused under the terms hereof of this Agreement or by Seller’s failure to perform) at no more than $19.00 MWh adjusted annually for inflation), 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 11.610.6) to avoid the loss of PTC eligibility for such amounts. The invoice for such amount amounts payable by PacifiCorp pursuant to this Section 10.2.2 shall include a written statement explaining in reasonable detail the calculation thereofof all such amounts.

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output energy (and associated Green Tags Renewable Energy Credits) required to be purchased and accepted as Net Output pursuant hereto to this Agreement and such failure is not excused under the terms hereof 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 so Output, based on the average number of MWhs expected to have been generated according to Seller’s latest available forecasts under Section 6.6.2, for the period not purchasedpurchased 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, to the extent Seller is unable to sell the Net Output to third parties, 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, that would have been earned by Seller associated with the amount of such Net Output energy not purchased by PacifiCorp (and not excused under the terms hereof of this Agreement or by Seller’s failure to perform) at no more than $19.00 MWh adjusted annually for inflation), 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 11.610.6) to avoid the loss of PTC eligibility for such amounts. The invoice for such amount amounts payable by PacifiCorp pursuant to this Section 10.2.2 shall include a written statement explaining in reasonable detail the calculation thereofof all such amounts.

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output energy (and associated Green Tags Renewable Energy Credits) required to be purchased and accepted as Net Output pursuant hereto to this Agreement and such failure is not excused under the terms hereof 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 so 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 purchasedpurchased 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, to the extent Seller is unable to sell the Net Output to third parties, 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, that would have been earned by Seller associated with the amount of such Net Output energy not purchased by PacifiCorp (and not excused under the terms hereof of this Agreement or by Seller’s failure to perform) at no more than $19.00 MWh adjusted annually for inflation), 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 11.610.6) to avoid the loss of PTC eligibility for such amounts. The invoice for such amount amounts payable by PacifiCorp pursuant to this Section 10.2.2 shall include a written statement explaining in reasonable detail the calculation thereofof all such amounts.