17.0	DEFAULTS AND REMEDIES
17.1	In the event of any material default by ECT, including the following shall apply:
17.1.1	In the event of a failure to deliver under this Agreement, that (i) results in a delivery deficiency (the “ECT Deficiency Volume”) and (ii) is not excused by force majeure, ECT shall pay to FPL an amount equal to the sum of (a) one or more of the following, as applicable: (1) the additional cost (i.e., the MMBtu equivalent cost, if any, in excess of the Contract Price, multiplied by the applicable ECT Deficiency Volume) of any replacement gas purchased by FPL to replace any portion of the ECT Deficiency Volume, (2) the additional cost of any or all forms or types of replacement fuel purchased by FPL to replace any portion of the ECT Deficiency Volume, and/or (3) the additional cost of any replacement power purchased by FPL to replace any portion of the ECT Deficiency Volume; plus (b) any SO2 Allowances; plus (c) any demand charges for FPL’s unused transportation capacity under the Service Agreements (attributable to the ECT Deficiency Volume and to the extent such capacity is not being used for replacement Gas volumes); plus (d) any applicable penalties associated with the ECT Deficiency Volume; plus (e) the ECT Deficiency Volume multiplied by $0.50 per MMBtu (“ECT Default Payment”).  
Furthermore, 17.1.2	Notwithstanding Section 17.1.1, in the event of a failure to deliver under this Agreement that (i) results in an ECT Deficiency Volume on any day of three percent (3%) of the DCQ or less and (ii) is not excused by force majeure, and (iii) there have been no ECT Deficiency Volumes for the preceding five (5) consecutive days or for more than thirty (30) cumulative days in the preceding 365-day period, in lieu of the amounts set forth in Section 17.1.1, ECT shall pay to FPL an ECT Default Payment equal to the sum of (a) the additional cost of any replacement gas purchased by FPL to replace any portion of the ECT Deficiency Volume, plus (b) any demand charges for FPL’s unused transportation capacity under the Service Agreements (attributable to the ECT Deficiency Volume and to the extent such capacity is not being used for replacement gas volumes); plus (c) any applicable penalties associated with the ECT Deficiency Volume; plus (ds) the ECT Deficiency Volume multiplied by $0.15 per MMBtu.  
17.1.3	FPL shall not be obligated to pay ECT any Contract Price, fixed fees or Transaction Amounts with respect to any ECT Deficiency Volume (FPL shall, however, continue to pay any applicable Restructuring Fee with respect to any ECT Deficiency Volume).  
17.1.4	Any ECT Deficiency Volume shall be deemed to be Base Quantities and/or Incremental Quantities on a pro rata basis.  
17.1.5	ECT shall pay FPL the ECT Default Payment within fifteen (15) days of the receipt of an invoice from FPL (or on the next succeeding Working Day if the fifteenth day is not a Working Day).  Late payments are subject to Section 10.7.
17.2	In the event of any material default by FPL, including the following shall apply.
17.2.1	In the event of a failure to take under this Agreement, that (i) results in a deficiency in purchases by FPL (the “FPL Deficiency Volume”) and (ii) is not excused by force majeure, FPL shall pay to ECT an amount equal to the MMBtu equivalent of the FPL Deficiency Volume multiplied by the sum of (a) $0.50 per MMBtu, plus (b) the positive difference, if any, between the Contract Price minus the low posting of Gas Daily for the applicable upstream pipeline(s) receipt points, plus (c) any applicable Restructuring Fee (“FPL Default Payment”).  
17.2.2	Notwithstanding the foregoing, in the event of a failure to take under this Agreement that (i) results in a FPL Deficiency Volume on any day of three percent (3%) of the DCQ or less and (ii) is not excused by force majeure, and (iii) there have been no FPL Deficiency Volumes for the preceding five (5) consecutive days or for more than thirty (30) cumulative days in the preceding 365-day period, in lieu of the amounts set forth in Section 17.2.1, FPL shall pay to ECT an FPL Default Payment equal to the MMBtu equivalent of the FPL Deficiency Volume multiplied by the sum of (a) $0.15 per MMBtu plus (b) the positive difference, if any, between the Contract Price minus the Gas Daily Midpoint Price for the applicable upstream pipeline(s) receipt points, plus (c) any applicable Restructuring Fee.  
17.2.3	Any FPL Deficiency Volume shall be deemed to be Base Quantities and/or Incremental Quantities on a pro rata basis.  
17.2.4	FPL shall pay ECT the FPL Default Payment within fifteen (15) days of the receipt of an invoice from ECT (or on the next succeeding Working Day if the fifteenth day is not a Working Day).  Late payments are subject to Section 10.7.