Remedy for PacifiCorp's Failure to Purchase Clause Samples

Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output and Green Tags required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller's failure to perform, then Seller shall first satisfy its obligations under Section 11.7 and then PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five (5) Business Days after invoice receipt, an amount equal to Seller's Cost to Cover multiplied by the amount of Net Output so not purchased, less amounts received by Seller pursuant to Section 11.7. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation thereof.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller's failure to perform, then Seller shall perform under Section 11.6 and PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five Business Days after invoice receipt, an amount equal to Seller's Cost to Cover multiplied by the amount of Net Output so not purchased, less amounts received by Seller pursuant to Section
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to purchase and receive any Net Output as and when required by this Agreement, including upon the occurrence and during the continuation of an Event of Default by PacifiCorp under Section 11.1.3, and such failure is not caused by Seller’s breach of its obligations under this Agreement or otherwise excused by Seller’s failure to perform under or comply with this Agreement or the terms of this Agreement, then PacifiCorp shall pay Seller within five (5) Business Days after receipt of an invoice from Seller, an amount equal to Seller’s Cost to Cover multiplied by the amount of Potential Net Output not purchased and received by PacifiCorp; provided that any disputes between the Parties with respect to the amount of such Potential Net Output will be resolved in accordance with Section 24. Seller’s invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount. Nothing in this Section 11.2.2 shall limit in any respect Seller’s right to terminate this Agreement and exercise its other rights and remedies in connection therewith pursuant to Section 11.3.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output and Green Tags required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller's failure to perform, then Seller shall perform under Section 11.6 and PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five Business Days after invoice receipt, an amount equal to Seller's Cost to Cover multiplied by the amount of Net Output so not purchased, less amounts received by Seller pursuant to Section 11.6. In addition, to the extent Seller has elected PTCs and is unable to sell the Net Output to third parties, PacifiCorp shall be obligated to pay Seller an amount (the "PTC Amount") equal to the sum of (a) the value of the PTCs, if applicable, that would have been earned by Seller associated with the amount of such Net Output not purchased by PacifiCorp or others pursuant to Section 11.6 (and not excused under the terms hereof or by Seller's failure to perform) at no more than $21.00 MWh adjusted annually for inflation, plus (b) an amount in respect of any taxes on the PTC Amount required to be paid by Seller to any taxation authority, up to a maximum of 41 percent, to the extent that Seller is not eligible to receive the PTC value associated with such Net Output as a result of Seller's inability to sell such Net Output to a substitute buyer and provided that Seller has used all commercially reasonable efforts to mitigate its damages as provided in Section 11.6 to sell such Net Output and avoid the loss of PTC eligibility for such amounts. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation thereof.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output required to be purchased pursuant hereto and such failure is not excused under the terms hereof or by Seller's failure to perform, then Seller shall perform under Section 11.6 and PacifiCorp shall pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five Business Days after invoice receipt, an amount equal to Seller's Cost to Cover multiplied by the amount of Net Output (a) not so purchased or (b) not so generated because PacifiCorp curtailed the Facility and such curtailment was not excused pursuant to Section 4.4 (such energy not so generated to be calculated in the manner described in Section 4.4), less amounts received by Seller pursuant to Section 11.6.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to purchase and receive any Net Output or pay Seller for any Compensable Curtailment Energy as and when required by this Agreement, including upon the occurrence and during the continuation of an Event of Default by PacifiCorp under Section 11.1.3, and such failure is not caused by Seller’s breach of its obligations under this Agreement or otherwise excused by Seller’s failure to perform under or comply with this Agreement or the terms of this Agreement, then PacifiCorp shall pay Seller within five (5) Business Days after receipt of an invoice from Seller, an amount equal to Seller’s Cost to Cover. Seller’s invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount. Nothing in this Section 11.2.2 shall limit in any respect Seller’s right to terminate this Agreement and exercise its other rights and remedies in connection therewith pursuant to Section 11.3. For the avoidance of doubt, this provision shall not apply with respect to any Compensable Curtailment Energy which is paid for by PacifiCorp in accordance with the terms of this Agreement.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to receive or purchase all or part of the Net Output required to be purchased under this Agreement and such failure is not excused by Seller’s failure to perform under or comply with this Agreement, then PacifiCorp must pay Seller, on the earlier of the date payment would otherwise be due in respect of the month in which the failure occurred or within five (5) Business Days after receipt of invoice, an amount equal to Seller’s Cost to Cover multiplied by the amount of Net Output not purchased. The invoice for such amount must include a written statement explaining in reasonable detail the calculation of such amount.
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Remedy for PacifiCorp's Failure to Purchase. If PacifiCorp fails to purchase and receive any Net Output or pay Seller for any Compensable Curtailment Energy as and when required by this Agreement, including upon the occurrence and during the continuation of an Event of Default by PacifiCorp under Section 11.1.3, and such failure is not caused by Seller’s breach of its obligations under this Agreement or otherwise excused under the terms of this Agreement, then PacifiCorp will pay Seller within five (5) Business Days after receipt of an invoice from Seller, an amount equal to Seller’s Cost to Cover. Seller’s invoice for such amount must include a written statement explaining in reasonable detail the calculation of such amount. Nothing in this Section 11.2.2 will limit in any respect Seller’s right to terminate this Agreement and exercise its other rights and remedies in connection therewith pursuant to Section 11.3. For the avoidance of doubt, this provision will not apply with respect to any Compensable Curtailment Energy which is paid for by PacifiCorp in accordance with the terms of this Agreement.
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