Common use of Seller Failure to Deliver Clause in Contracts

Seller Failure to Deliver. If Seller is the Failing Party, Seller shall pay to Buyer, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for each Gallon/Barrel (as applicable) of the Product of such deficiency equal to (i) the market price at which Buyer, acting in a commercially reasonable manner, is able, or absent an actual purchase, would be able (FOB Delivery Location) to purchase or otherwise accept comparable supplies of the Product of comparable quality as determined by Buyer in a commercially reasonable manner, plus (1) costs reasonably incurred by Buyer in purchasing such substitute Product and (2) additional transportation charges, if any, reasonably incurred by Xxxxx as a result of taking delivery of substitute Product at a location other than the FOB Delivery Location, minus (ii) the price agreed to for the specific Transaction; except that if such difference is zero or negative, then neither Party shall have any obligation to make any deficiency payment to the other.

Seller Failure to Deliver. If Seller Unless excused by an event of Force Majeure or an event set forth in Section 17 or Section 18 of these General Terms, or Buyer’s failure to perform, if the Event of Default is the Failing Partyresult of Seller’s failure to deliver Product, Seller shall pay to Buyer, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for each Gallon/Barrel (as applicable) of the Product of such deficiency equal to to: (i) the market price at which Buyer, acting in a commercially reasonable manner, is able, or absent an actual purchase, would be able (FOB Delivery Locationat the Terminal) to purchase or otherwise accept comparable supplies of the Product of comparable quality as determined by Buyer in a commercially reasonable manner, plus (1) costs reasonably incurred by Buyer in purchasing such substitute Product and (2) additional transportation charges, if any, reasonably incurred by Xxxxx Buyer as a result of taking delivery of substitute Product at a location other than the FOB Delivery LocationTerminal, minus (ii) the price agreed to for the specific Transactionrelevant transaction; except that if such difference is zero or negative, then neither Party shall have any obligation to make any deficiency payment to the other.

Seller Failure to Deliver. If Seller is the Failing Non-Performing Party, Seller shall pay to Buyer, on the date payment would otherwise be due in respect of the month in which the failure occurred, Buyer an amount for each Gallon/Barrel (as applicable) ton of the Product of such deficiency Shortfall Tonnage equal to (iA) the commercially reasonable market price at which Buyer, acting in a commercially reasonable manner, Buyer is able, or absent an actual purchasepurchase within a reasonable time of Seller’s failure, would be able (FOB Delivery LocationPoint) to purchase or otherwise accept receive comparable supplies of the Product Coal of comparable quality as determined by Buyer in a commercially reasonable manneron an equivalent $/MMBTU, SO2 adjusted basis plus (1i) costs that would reasonably be incurred by Buyer in purchasing such substitute Product Coal and (2ii) additional transportation charges, if any, reasonably incurred by Xxxxx Buyer as a result of taking delivery of substitute Product replacement Coal at a location other than the FOB Delivery Location, Point (“Replacement Price”) minus (iiB) the price Contract Price agreed to for the specific TransactionConfirmation; except that if such difference is zero or negative, then neither Party shall have any obligation to make any deficiency payment to the other.

Seller Failure to Deliver. If Seller is the Failing Party, Seller shall pay to Buyer, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for each Gallon/Gallon or Barrel (as applicable) of the Product of such deficiency equal to (i) the market price at which Buyer, acting in a commercially reasonable manner, is able, or absent an actual purchase, would be able (FOB Delivery Location) to purchase or otherwise accept comparable supplies of the Product of comparable quality delivered to the Delivery Location as determined by Buyer in a commercially reasonable manner, plus (1A) costs reasonably incurred by Buyer in purchasing such substitute Product and (2B) additional transportation charges, if any, reasonably incurred by Xxxxx Buyer as a result of taking delivery of substitute Product at a location other than the FOB Delivery Location, ; minus (ii) the price agreed to for in the specific TransactionConfirmation; except provided that if such difference deficiency amount is zero or negative, then neither Party shall have any obligation to make any deficiency payment to the otherother Party.

Seller Failure to Deliver. If Seller is the Failing Party, Seller shall pay to Buyer, on the date payment would otherwise be due in respect of the month in which the failure occurred, an amount for each Gallon/Barrel (as applicable) of the Product of such deficiency equal to (i) the market price at which Buyer, acting in a commercially reasonable manner, is able, or absent an actual purchase, would be able (FOB Delivery Location) to purchase or otherwise accept comparable supplies of the Product of comparable quality as determined by Buyer in a commercially reasonable manner, plus (1) costs reasonably incurred by Buyer in purchasing such substitute Product and (2) additional transportation charges, if any, reasonably incurred by Xxxxx Buyer as a result of taking delivery of substitute Product at a location other than the FOB Delivery Location, minus (ii) the price agreed to for the specific Transaction; except that if such difference is zero or negative, then neither Party shall have any obligation to make any deficiency payment to the other.