System Owner Failure to Deliver. The failure to deliver or cessation by System Owner of delivery of Electricity to Host Customer for a continuous period of thirty (30) days unless (i) System Owner’s performance is excused by a Force Majeure event, or by action or inaction of Host Customer, or otherwise as provided in this Agreement, and System Owner is diligently pursuing a cure, or (ii) System Owner is willing to pay Host Customer during the term of such non-performance liquidated damages equal to the positive difference, if any, of the cost of replacement power less the per kwh price for Output provided in this Agreement.
Appears in 3 contracts
Samples: Solar Energy Power Purchase and Sale Agreement, Solar Power Purchase Agreement, Purchase Agreement
System Owner Failure to Deliver. The failure to deliver or cessation by System Owner of delivery of Electricity to Host Customer for a continuous period of thirty (30) days unless unless
(i) System Owner’s performance is excused by a Force Majeure event, or by action or inaction of Host Customer, or otherwise as provided in this Agreement, and System Owner is diligently pursuing a cure, or (ii) System Owner is willing to pay Host Customer during the term of such non-performance liquidated damages equal to the positive difference, if any, of the cost of replacement power less the per kwh price for Output provided in this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
