Common use of Failure of Delivery Clause in Contracts

Failure of Delivery. In the event that Vendor fails to schedule all or part of the Retail Electric Supply as set forth herein and Vendor's failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for Tariffed Service or other Energy supply arrangement necessary to cure such Energy deficiency, Vendor shall reimburse Participating Customer, no later than ten (10) days after receipt of invoice or the date payment would otherwise be due to Vendor, an amount determined by multiplying (a) the aggregate deficiency in the Retail Electric Supply by (b) the Replacement Price. IN THE EVENT OF ▇▇▇▇▇▇'S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, VENDOR'S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-DELIVERY SHALL BE THE GOVERNMENTAL AGGREGATOR'S AND THE PARTICIPATING CUSTOMERS' SOLE REMEDY FOR VENDOR'S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.

Failure of Delivery. In the event that Vendor fails to schedule all or part of the Retail Electric Supply as set forth herein and Vendor's failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for Tariffed Service or other Energy supply arrangement necessary to cure such Energy deficiency, Vendor shall reimburse Participating Customer, no later than ten (10) days after receipt of invoice or the date payment would otherwise be due to Vendor, an amount determined by multiplying (a) the aggregate deficiency in the Retail Electric Supply by (b) the Replacement Price. IN THE EVENT OF ▇▇▇▇▇▇VENDOR'S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, VENDOR'S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-DELIVERY SHALL BE THE GOVERNMENTAL AGGREGATOR'S AND THE PARTICIPATING CUSTOMERS' SOLE REMEDY FOR VENDOR'S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.. Participating Customer Early Termination. As set forth in Attachment A, the Aggregation Program includes a fixed price per Participating Customer for the Term of the Aggregation

Failure of Delivery. In the event that Vendor fails to schedule all or part of the Retail Electric Supply as set forth herein and Vendor's failure is not due to a Force Majeure Event, and a Participating Customer is required to obtain and pays for Tariffed Service or other Energy supply arrangement necessary to cure such Energy deficiency, Vendor shall reimburse Participating Customer, no later than ten (10) days after receipt of invoice or the date payment would otherwise be due to Vendor, an amount determined by multiplying (a) the aggregate deficiency in the Retail Electric Supply by (b) the Replacement Price. IN THE EVENT OF ▇▇▇▇▇▇'S FAILURE TO PERFORM DUE TO A NON-FORCE MAJEURE EVENT, VENDOR'S OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON-DELIVERY SHALL BE THE GOVERNMENTAL AGGREGATOR'S AND THE PARTICIPATING CUSTOMERS' SOLE REMEDY FOR VENDOR'S FAILURE TO DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.. Participating Customer Early Termination. As set forth in Attachment A, the Aggregation Program includes a fixed price per Participating Customer for the Term of the Aggregation