Failure to Deliver Certificates. To the extent that the Seller fails to deliver a quantity of Certificates in accordance with § 10 (Primary Obligations for Delivery and Acceptance of Certificates) during a Delivery Period, and such failure is not remedied by the Seller within three (3) Business Days of the last day of the relevant Delivery Period and is not excused by an event of Force Majeure or the Buyer's non-performance, subject to § 13.2 (Replacement Certificates), the Seller shall pay the Buyer as compensation for damages an amount for such quantity of Undelivered Certificates equal to the product of: (a) the amount, if positive, by which the price, if any, at which the Buyer acting in a commercially reasonable manner is or would be able to purchase or otherwise acquire in the market the quantity of Undelivered Certificates exceeds the Certificate Contract Price; and (b) the quantity of Undelivered Certificates, and such amount shall be increased by the Buyer's costs of a broker, but no other costs and expenses incurred by the Buyer as a result of the Seller's failure.
Appears in 9 contracts
Sources: Individual Power Purchase Agreement, Individual Power Purchase Agreement, Individual Power Purchase Agreement