Cover Standard

Cover Standard. Means that if there is an unexcused failure to deliver or to receive any quantity of Gas that is to be sold and purchased hereunder on a Firm basis, then the non-failing Party shall use commercially reasonable efforts to: (A) if Buyer is the non-failing Party, obtain Gas from a third party (or an alternate fuel, or alternate electricity, in either case as elected by Buyer when replacement Gas is not available), or (B) if Seller is the non-failing Party, sell Gas to a third party, in either... case, at a price reasonable for the delivery or production area, as applicable, consistent with: (i) the amount of notice provided by the non-performing Party; (2) the immediacy of the Buyer's Gas consumption needs or Seller's Gas sales requirements, as applicable; (3) the quantities involved; and (4) the anticipated length of failure by the non-performing Party. View More