Examples of Delivery Shortfall in a sentence
In the event the Customer designates a Third Party Supplier in accordance with Service Classification TPS, the Customer will remain responsible for a pro rata share of any Charges which such Third Party Supplier fails to pay to the Company including payments for Delivery Shortfall or for Monthly Imbalance.
The Customer must notify the Company in writing of the anticipated Delivery Shortfall before the nomination deadline for the next North American Energy Standards Board (“NAESB”) nomination cycle.
In the event the Customer designates a Third Party Supplier in accordance with Service Classification TPS, the Customer will remain responsible for a pro rata share of any charges which such Third Party Supplier fails to pay to the Company including payments for Delivery Shortfall or for balancing.
In the event of a Delivery Shortfall, the Company shall have the right to recover pro rata from all under-delivering Customers and Third Party Suppliers served under Service Classification TPS any penalties or other charges or damages assessed on the Company because of such under-deliveries for the days the Customers, Third Party Suppliers under-delivered.
Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Shortfall would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Cover Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.