Seller’s Delivery Obligation. 5.6.1 During any Contract Year, Seller shall make available to Buyer the Scheduled Cargo Quantity with respect to each cargo scheduled in the ADP for such Contract Year, less;
Seller’s Delivery Obligation. Except as provided in Article IX, or in cases of Energy imbalances, in no event shall Seller have the right to procure Energy from sources other than the Facility for sale and delivery pursuant to this Agreement. Unless excused by Buyer’s failure to perform, Seller shall not sell any Energy or Environmental Attributes from the Facility to anyone other than Buyer.
Seller’s Delivery Obligation is subject to the correct, punctual supply of ma- terial necessary for delivery, unless Seller is at fault for the non-punctual or late supply of such material.
Seller’s Delivery Obligation. 5.8.1. Except with respect to any Accepted Excess Quantity described in Section 5.13.2 during any Commercial Operations Period, Seller shall make available, or pay the amounts set forth in Sections 5.8.5 and 5.8.7 if not made available in accordance with Exhibit A (Pricing), the quantity of LNG (in MMBtus) equal to (x) during any Contract Year, the AACQ, Accepted Make-Up Quantity, and Accepted Make-Good Quantity; and (y) during the Restoration Period, any FM Restoration Quantity, Accepted Make-Up Quantity, Accepted Make-Good Quantity and Accepted DoP Quantity, as applicable, in each case as scheduled in the ADP, less:
Seller’s Delivery Obligation. Seller shall deliver to the District all Renewable Energy Certificates associated with Electrical Output as measured by the meter at the Measuring Point produced by the Generator during the Term of this Agreement in accordance with the provisions of this Section 21.1. Such deliveries are understood to include the District’s right to claim a Distributed Generation Multiplier for each REC delivered by Seller. Seller shall not sell, pledge, assign, transfer, or otherwise dispose of any of its rights or interests in the Renewable Energy Certificates, including but not limited to any Distributed Generation Multipliers, sold to the District under this Agreement. Seller shall not report under Section 1605(b) of the Energy Policy Act of 1992, Initiative 937, or any similar program that the Renewable Energy Certificates, including but not limited to any Distributed Generation Multipliers, sold to the District under this Agreement belong to anyone other than the District. The District may report under any such program that all such Renewable Energy Certificates purchased hereunder, including any Distributed Generation Multiplier, belong to it.
Seller’s Delivery Obligation. Except as provided in Article IX, and except for Energy provided by the Transmission Provider pursuant to its tariff in connection with the Transmission Services that is both EPS Compliant and RPS Compliant, in no event shall Seller have the right to procure energy from sources other than the Facility for sale and delivery pursuant to this Agreement. Unless there shall be a Force Majeure or a Buyer’s failure to perform its obligations under this Agreement, if, on or after the Delivery Commencement Date, Seller sells any part of any Facility Output required to be delivered by Seller under this Article VI or Article VIII to a third party, Seller shall pay Buyer as liquidated damages, within thirty (30) days of Buyer’s written request therefor, an amount for each MWh of such deficiency equal to the positive difference, if any, obtained by subtracting the price per MWh that would have been payable by Buyer for the Facility Output not delivered from the Replacement Price. Buyer shall provide Seller prompt written notice of the Replacement Price together with back-up documentation.
Seller’s Delivery Obligation. ☒ Firm ☐ As-Available ☐ Non-Firm ☐ Other ___________________
