Underdelivery. If Seller’s Facility has a Facility Capacity Rating of 100 kW or less, Seller’s failure to satisfy the minimum delivery obligation of Section 4.3 for two (2) consecutive years; else Seller’s failure to satisfy the minimum delivery obligation of Section 4.3 for one year.
Underdelivery. If in respect of an hour and/or a Day the Contract Quantity exceeds the Delivered Quantity by reason of the Seller’s Default, the Seller shall pay to the Buyer as compensation for its resulting losses (if any) an amount (if positive) equal to:
(a) the Buyer’s Balancing Charges; minus
(b) the product of the Default Quantity and the Contract Price.
Underdelivery. If in respect of a Time Unit and an Individual Contract, the Contract Quantity exceeds the Delivered Quantity by more than the Tolerance by reason of Seller's Default, the Seller shall pay to the Buyer as compensation for its resulting losses an amount equal to the product of:
(a) the amount, if positive, by which the price, at which the Buyer acting in a commercially reasonable manner is or would be able to contract to purchase or otherwise acquire in an arm's length purchase from a third party (which may include the relevant Network Operator) an equivalent quantity of Natural Gas to replace the Default Quantity for such Time Unit, exceeds the Contract Price; and
(b) the Default Quantity. Such amount shall be increased by the amount of any incremental transportation costs and charges and other reasonable and verifiable costs or expenses incurred by the Buyer in respect of the Default Quantity.
Underdelivery. If in respect of an hour and an Austrian VTP Transaction, the Contract Quantity exceeds the Delivered Quantity by reason of Seller’s Default, the Seller shall pay to the Buyer as compensation an amount equal to:
(a) the product of: (i) the amount, if positive, by which the Buy Price calculated for the hour exceeds the Contract Price; and (ii) the Default Quantity; plus
(b) subject to § 8.4A(a), the Balancing Incentive Markup for the hour multiplied by the Default Quantity multiplied by 2.
Underdelivery. If in respect of a Time Unit and an Individual Contract, the Contract Quantity exceeds the Delivered Quantity by more than the Tolerance by reason of Seller's Default, the Seller shall pay to the Buyer as compensation for its resulting losses an amount equal to the product of:
1. Niedostateczna dostawa: JeŜeli w odniesieniu do danej Jednostki Czasu i danej Umowy SprzedaŜy Ilość Umowna przewyŜsza Dostarczoną Ilość o więcej niŜ wynosi Zakres Tolerancji z powodu Naruszenia Sprzedającego, Sprzedający zapłaci Kupującemu tytułem odszkodowania za wynikłe z tego straty kwotę równą iloczynowi:
(a) the amount, if positive, by which the price, at which the Buyer acting in a commercially reasonable manner is or would be able to contract to purchase or otherwise acquire in an arm's length purchase from a third party (which may include the relevant Network Operator) an equivalent quantity of Natural Gas to replace the Default Quantity for such Time Unit, exceeds the Contract Price; and
(a) kwoty, jeŜeli będzie miała wartość dodatnią, o którą cena, za jaką Kupujący, działając w sposób komercyjnie uzasadniony, jest lub byłby w stanie zakupić lub w inny sposób nabyć na warunkach rynkowych od osoby trzeciej (którą xxXx być dany Operator Systemu) taką samą ilość Gazu Ziemnego, aby zastąpić Niedostarczoną Ilość dla danej Jednostki Czasu, przewyŜsza Cenę Umowną; oraz
Underdelivery. If Snap fails to deliver the required number of Impressions during the Term, the Company agrees that Snap shall have an additional six months to deliver such Impressions on any Web site operated by Snap, Xoom or NBC, at Snap's discretion, taking into consideration the reasonable requests of the Company. If Snap underdelivers on the required number of Impressions during such additional six months, Snap will refund to the Company the pro rata amount of the media fees set forth in SECTION 9.3 for such undelivered Impressions. Snap shall not underdeliver the required number of Impressions during any year of the Term by greater than 15% of the number of Impressions required to be delivered by Snap pursuant to SECTION 3.3.1 during such year.
Underdelivery. If in respect of a Time Unit and a TVB Transaction, the Contract Quantity exceeds the Delivered Quantity by reason of Seller’s Default, the Seller shall pay to the Buyer an amount (if positive) equal to: (a) the difference between the Negative Imbalance Price and the Contract Price, (b) multiplied by the Default Quantity.
Underdelivery. If in at least 3 consecutive Delivery Reports, the Target Rate has increased as described in Section 2.4.2, due to under-delivery, Avenue A shall have the right to decrease the Approved Monthly Spend for the current month, as well as for all remaining calendar months in the campaign, to an amount that would result from Supplier’s current actual rate of Delivery. Avenue A shall communicate such decrease by showing it in the next Delivery Report. The decrease to the Approved Monthly Spend(s), and a corresponding decrease to the Total Spend, shall be effective as of the date of the request by Avenue A in the Delivery Report.
Underdelivery. If NBCi fails to deliver the required number of Impressions during the Term, the Company agrees that NBCi shall have an additional three months to deliver such Impressions on any Web site operated by NBCi, Snap or Xoom, at NBCi's sole discretion. If NBCi underdelivers on the required number of Impressions during such additional three months, NBCi will refund to the Company the pro-rata amount of the media fees set forth in Section 11.4 for such undelivered Impressions.
