Common use of Delivery Failure Clause in Contracts

Delivery Failure. In the event SELLER delivers less than ninety percent (90%) of the Order Quantity, BUYER shall have the right, but not the obligation, to purchase replacement Product to acquire an aggregate of ninety percent (90%) of the Order Quantity, and SELLER shall compensate BUYER for the difference between the Replacement Price and the Transaction Price of such quantity. In the event SELLER attempts to deliver greater than one hundred ten percent (110%) of the Order Quantity, BUYER shall have the right, but not the obligation, to accept the quantity in excess of one hundred ten percent (110%) of the Order Quantity subject to additional negotiations between the Parties. If BUYER does not accept the excess quantity, SELLER shall, without cost or obligation to BUYER, remove the excess quantity from BUYER’s storage tanks or retain the excess quantity on the Conveyance, as applicable.