Common use of Seller’s Failure to Deliver Clause in Contracts

Seller’s Failure to Deliver. If Seller fails to deliver all or part of the Product specified for each Delivery Deadline by the relevant Delivery Deadline and such failure is not excused by Buyer’s failure to perform or by an event of Force Majeure, then Seller shall pay Buyer, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the Contract Price from the Compliance Zone ACP multiplied by the days in Planning Year and multiplying such positive amount, if any, by the portion of the Contract Quantity which Seller failed to deliver. In addition, the Seller shall pay to Buyer all penalties and/or charges assessed to Buyer (either directly or through contractual obligation) resulting directly from Seller’s failure to deliver all or part of the Product; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from Xxxxx’s election to become deficient in the Planning Resource Auction. The invoice from Buyer to Seller for any amount owed by Seller to Buyer pursuant to this provision shall include a written statement explaining in reasonable detail the calculation of such amount.

Seller’s Failure to Deliver. If Seller fails to deliver all or part of the Product specified for each Delivery Deadline by the relevant Delivery Deadline and such failure is not excused by Buyer’s failure to perform or by an event of Force Majeure, then Seller shall pay Buyer, within five (5) Business Days of invoice receipt, an amount equal to the positive difference, if any, obtained by subtracting the Contract Price from the Compliance Zone ACP multiplied by the days in Planning Year and multiplying such positive amount, if any, by the portion of the Contract Quantity which Seller failed to deliver. In addition, the Seller shall pay to Buyer all penalties and/or charges assessed to Buyer (either directly or through contractual obligation) resulting directly from Seller’s failure to deliver all or part of the Product; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from XxxxxBuyer’s election to become deficient in the Planning Resource Auction. The invoice from Buyer to Seller for any amount owed by Seller to Buyer pursuant to this provision shall include a written statement explaining in reasonable detail the calculation of such amount.