Originally published by Carrington Coleman.
Efforts to compensate for undelivered product do not constitute “cover” if they occur before the contract is breached. TXU Portfolio Management Company (“TXUPM”) contracted with several wind farms (the “Wind Farms”) for delivery of annual quantities of wind energy, but the Wind Farms were unable to fulfill their delivery obligations.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
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