Common use of Remedy for Seller's Failure to Deliver Clause in Contracts

Remedy for Seller's Failure to Deliver. Upon the occurrence and during the continuation of a breach by Seller of Sections 4.1 and 4.3, Seller must pay Utility within thirty (30) days after receipt of invoice, subject to Sections 10.3 and unless subject to a good faith dispute under Section 10.4, an amount equal to the Utility’s Cost to Cover multiplied by the Net Output delivered to a party other than Utility. Notwithstanding the foregoing, total damages under this Section may not exceed the aggregate amount Utility would have incurred to purchase Seller’s Net Output and Environmental Attributes if purchasing Environmental Attributes from Seller, had Seller delivered all Net Output to Utility. The invoice for such amount must include a written statement explaining in reasonable detail the calculation of such amount.

Remedy for Seller's Failure to Deliver. Upon the occurrence and during the continuation of a breach by Seller of Sections 4.1 and 4.3, Seller must pay Utility within thirty (30) days after receipt of invoice, subject to Sections 10.3 and unless subject to a good faith dispute under Section 10.4, an amount equal to the Utility’s Cost to Cover multiplied by the Net Output delivered to a party other than Utility. Notwithstanding the foregoing, total damages under this Section may not exceed the aggregate amount Utility would have incurred to purchase Seller’s Net Output and Environmental Attributes if purchasing Environmental Attributes from Seller, had Seller delivered all Net Output to Utility. The invoice for such amount must include a written statement explaining in reasonable detail the calculation of such amount.. 33