Common use of Failure to Accept Clause in Contracts

Failure to Accept. To the extent that the Buyer fails in whole or in part to accept the Contract Quantity in accordance with an Individual Contract and such failure is not excused by an event of Force Majeure or the other Party´s non-performance, the Buyer shall pay the Seller as compensation for damages an amount for the quantity of non-accepted electricity equal to the product of; (a) the amount, if positive, by which the Contract Price exceeds the price at which the Seller is or would be able to sell the quantity of non-accepted electricity in the market acting in a commercially reasonable manner; and (b) the quantity of the non-accepted electricity; Such amount shall be increased by any incremental transmission costs and other reasonable and verifiable costs and expenses incurred by the Seller as a result of the Buyer´s failure.

Failure to Accept. To the extent that the Buyer fails in whole or in part to accept the Contract Quantity at the Delivery Point in accordance with an Individual Contract the terms of this Agreement and such failure is not excused by an event of Force Majeure or the other Party´s Party's non-performance, the Buyer shall pay the Seller as compensation for damages an amount for the quantity of non-accepted electricity equal to the product of;: (a) the amount, if positive, by which the Contract Price exceeds the market price at which the Seller is or would be able to sell the quantity of non-non- accepted electricity in the market acting in a commercially reasonable manner; and (b) the quantity of the non-accepted unaccepted electricity; . Such amount shall be increased by any incremental transmission costs and other reasonable and verifiable costs and expenses incurred by the Seller as a result of the Buyer´s Buyer's failure.