Seller Delivery Event. If, during any Month, (i) Seller fails for any reason (other than Force Majeure or any other reason excusing performance of Seller's obligation to deliver Committed Gas hereunder) to deliver ninety-five percent (95%) of the quantities set forth in Seller's Estimate at each Aggregation Area (defined as a "Seller Delivery Event"), and (ii) Buyer, acting in a commercially reasonable manner to mitigate any damages, purchases Gas to replace such quantities in order to satisfy Buyer's Contractual Obligations (as defined in Section 9.2) to third parties for the Month in question existing prior to Buyer's knowledge of any shortfalls, then Seller shall pay Buyer, in accordance with the provisions of Article VIII, an amount equal to the product of (x) the positive difference between (A) the price per MMBtu actually paid by Buyer for the replacement quantities and (B) the Contract Price that Buyer would have paid Seller for the quantities of Committed Gas not delivered by Seller and (y) the quantities of such replacement Gas purchased by Buyer. Seller shall also pay Buyer, in accordance with the provisions of Article VIII, the amount of any incidental out-of-pocket costs reasonably incurred by Buyer (including, by way of example rather than enumeration, brokers' fees and any incremental transportation costs), less any expenses saved by Buyer, as a result of such Seller Delivery Event. Nothing herein shall be construed as relieving Seller from liability for an Imbalance Charge arising under Section 11.3.
Seller Delivery Event. If, during any Day, Seller fails for any reason (other than Force Majeure as defined in Article X or any other reason excusing performance of Seller's obligation to deliver Committed Gas hereunder) to deliver 100% of the Baseload Quantity from an Aggregation Area (defined as a "Seller Delivery Event"), then Seller shall pay Buyer, in accordance with the provisions of Article VIII, an amount equal to the product of (x) the positive difference, if any, between (A) the Swing Price per MMBtu applicable to Gas from the Aggregation Area, minus (B) the Baseload Price that Buyer would have paid Seller for the quantities of the Baseload Quantity not delivered by Seller from the applicable Aggregation Area, and (y) the quantities of such Baseload Quantity not delivered. If, for any Month for which Seller has selected a Baseload Designated Percentage between 60% and 80%, inclusive, for each Aggregation Area, during any Day of the subject Month a Seller Delivery Event occurs with respect to deliveries from an Aggregation Area, then Buyer shall pay Seller, in accordance with the provisions of Article VIII, an amount equal to the product of (x) the positive difference, if any, between (A) the Baseload Price that Buyer would have paid Seller for the quantities of the Baseload Quantity not delivered by Seller from the applicable Aggregation Area, and (B) the Swing Price applicable to such Gas, and (y) the quantities of such Baseload Quantity not delivered. In the event daily deliveries are incapable of being determined because the measuring party does not provide daily quantities, then it will be assumed that Seller delivered on each Day of a Month from an Aggregation Area a quantity equal to the actual monthly quantity allocated prorata based on daily nominations. If daily nominations are unavailable, the daily quantity will be equal to the monthly quantity for the Aggregation Area divided by the number of days in the Month. Nothing herein shall be construed as relieving Seller from liability for an Imbalance Charge under Section 11.3. Any amounts due Seller or Buyer hereunder shall be paid in accordance with Article VIII.
Seller Delivery Event. If, during any Month, Seller fails for any reason (other than Force Majeure or any other reason excusing performance of Seller's obligation to deliver Committed Gas hereunder) to deliver 100% of deliverable Committed Gas required to be delivered in accordance with Section 4.1 (subject in all respects to the next-to-last grammatical sentence of this Section 4.2(a), a "Seller Delivery Event"), and Buyer, acting in a commercially
