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 Buyer’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 BuyerXxxxx’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 all Financial Settlement Charges 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 other 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. In addition, however, to the extent that Seller’s failure to deliver all or part of the Product results in Buyer being assessed (i) Financial Settlement Charges and other penalties and/or charges for an amount of MW that is less than the Contract Quantity that Seller failed to deliver, or (ii) no Financial Settlement Charges and other penalties and/or charges for the Contract Quantity that Seller failed to deliver, then Buyer shall not also be liable entitled to the positive difference, if any, obtained by subtracting the Contract Price from the Replacement Price and multiplying such positive difference, if any, by the portion of the Contract Quantity which Seller failed to deliver and for any Capacity Deficiency which no Financial Settlement Charges or similar and other penalties and/or charges are assessed to Buyer resulting from Buyer’s election . “Replacement Price” means the Auction Clearing Price for the Zone where Product is required to become deficient be delivered under this Confirmation Agreement. “Financial Settlement Charges” has the meaning given to it 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 amountMISO Documents.

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 Financial Settlement Charges (as such term is defined in the MISO Documents) and other 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 BuyerXxxxx’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 Financial Settlement Charges (as such term is defined in the MISO Documents) and other 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 Buyer’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 a Season and Source Zone by the relevant Delivery Deadline and such failure is not excused by a result of Buyer’s failure to perform or excused 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 applicable Contract Price from the ACP of the Compliance Zone ACP applicable to such Season multiplied by the days in Planning Year the applicable Season 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 ProductProduct or due to all or part of the Product being invalid or ineligible; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from BuyerXxxxx’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 Financial Settlement Charges (as such term is defined in the MISO Documents) and other 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 Buyer’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.