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 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.

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 (5) 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.

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output or 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 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 and Green Tags (a) not so purchased or (b) not so generated because PacifiCorp curtailed the Facility and such curtailment was is not excused permitted 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.