Overdelivery. If in respect of a Time Unit and an Individual Contract, the Delivered Quantity exceeds the Contract Quantity by more than the Tolerance by reason of Seller's Default, the Seller shall pay to the Buyer as compensation for its resulting losses an amount equal to the product of: (a) the amount, if positive, by which the Contract Price exceeds the price at which the Buyer acting in a commercially reasonable manner is or would be able to contract to sell in an arm's length sale to a third party (which may include the relevant Network Operator) a quantity of Natural Gas equal to the absolute value of the Default Quantity for such Time Unit; and (b) the absolute value of the Default Quantity. Such amount shall be increased by the amount of any incremental transportation costs and charges and other reasonable and verifiable costs or expenses incurred by the Buyer in respect of the Default Quantity or such arm's length sale.
Appears in 3 contracts
Sources: General Agreement, General Agreement, General Agreement