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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