Examples of Delivery Shortfall in a sentence
If a Delivery Shortfall occurs, the Supplier shall use all reasonable endeavours to ensure the issuance of additional WCUs and/or BUs, that meet the requirements of the Standard, from the Project or other projects for which the Supplier is the project developer in order to recoup the Delivery Shortfall.
Shall the Supplier not be able to provide additional WCUs and/or BUs by the Termination Date, the Supplier shall reimburse the Buyer for the proportional amount of the Price related to the Delivery Shortfall up to a maximum of [XX]% of the Price (or any lower amount actually paid by the Buyer to the Supplier for the Buyer PIUs and/or Pending BUs) (a Delivery Shortfall Refund).
For the avoidance of doubt unintentional reversal events will not lead to any liability between Buyer and Supplier or to any Delivery Shortfall Refund.
For the avoidance of doubt, a Delivery Shortfall under this clause shall not constitute an Event of Default under this Agreement unless it is directly caused by wilful misconduct or intentional breach of this Agreement by the Supplier.
Provides an explanation of dispute resolution processes Clause: Delivery Failure The Supplier shall notify the Buyer as soon as it is aware that a Delivery Shortfall has occurred or is likely to occur, specifying in reasonable detail: The actual or anticipated Delivery Shortfall amount; The reason for the Delivery Shortfall; The steps being taken by the Supplier (if any) to address the Delivery Shortfall; and The anticipated duration of the Delivery Shortfall.