Common use of United’s Failure to Perform Clause in Contracts

United’s Failure to Perform. (i) If for any two consecutive Month period, United, except to the extent caused by (x) Force Majeure excusing United’s performance, (y) any failure of Tampa Electric to perform its obligations under this Agreement, fails to meet its obligations to Tampa Electric under Section 5.3.4 above, Tampa Electric shall have the right, but not the obligation (declarable no later than three (3) Business Days into the next Month) to elect one of the following remedies as to the Ocean Deficit (the difference between the total minimum Cargo quantities for which United was obliged to carry for the two Months in question and, if a lesser amount, the total Cargo quantity carried by United during those two Months shall be referred to as the “Ocean Deficit”):

United’s Failure to Perform. (i) If for any two consecutive Month period, United, except to the extent caused by (x) Force Majeure excusing United’s performance, (y) any failure of Tampa Electric to perform its obligations under this Agreement, fails to meet its obligations to Tampa Electric under Section 5.3.4 3.3.4 above, Tampa Electric shall have the right, but not the obligation (declarable no later than three (3) Business Days into the next Month) to elect one of the following remedies as to the Ocean River Deficit (the difference between the total minimum Cargo quantities for which United was obliged to carry provide barges for the two Months in question and, if a lesser amount, the total Cargo quantity carried for which barges are made available by United during those two Months shall be referred to as the “Ocean River Deficit”):

United’s Failure to Perform. (i) If for any two consecutive Month period, United, except to the extent caused by (x) Force Majeure excusing United’s performance, (y) any failure of Tampa Electric to perform its obligations under this Agreement, fails to meet its obligations to Tampa Electric under Section 5.3.4 above, Tampa Electric shall have the right, but not the obligation (declarable no later than three (3) Business Days into the next Month) to elect one of the following remedies as to the Ocean Deficit (the difference between the total minimum Cargo quantities for which United was obliged to carry for the two Months in question and, if a lesser amount, the total Cargo quantity carried by United during those two Months shall be referred to as the “Ocean Deficit”):): 34