Common use of Adjustment for Inaccurate Meters Clause in Contracts

Adjustment for Inaccurate Meters. If the Metering System fails to register, or if the measurement made by the Metering System is found upon testing to be inaccurate by more than one-half of a percent (0.5%), an adjustment shall be made correcting all measurements by the inaccurate or defective Metering System for the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a) First, the readings of the Back-Up Metering System, if any, may be utilised to calculate the correct amount of Net Energy Output, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than one-half of a percent (0.5%) or is otherwise functioning improperly; (b) If there is no Back-Up Metering System or if the Back-Up Metering System is found to be inaccurate by more than one-half of a percent (0.5%) or is otherwise functioning improperly, then the Company and BPDB shall jointly prepare an estimate of the correct reading on the basis of all available information and such guidelines as may have been agreed to between the Company and BPDB; (c) In the event that BPDB and the Company fail to agree upon an estimate for the correct reading, BPDB shall make any payments to the Company required as a result of its estimate of the correct reading, which shall not in any event be greater than the last meter reading known to be correct, and the matter may be referred by either Party for determination by Expert pursuant to Section 19.3; and (d) The difference between the previous payments by BPDB for the period of inaccuracy and the recalculated amount shall be offset against or added to the next payment to the Company under this Agreement, as appropriate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus one-half of a percent (0.5%) and not otherwise functioning improperly.

Adjustment for Inaccurate Meters. If the Metering System fails to register, or if the measurement made by the Metering System is found upon testing to be inaccurate by more than one-half of a percent (0.5%), an adjustment shall be made correcting all measurements by the inaccurate or defective Metering System for the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a) First, the readings of the Back-Up Metering System, if any, may be utilised utilized to calculate the correct amount of Net Energy Output, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than onefive-half tenths of a percent (0.5%) or is otherwise functioning improperly; (b) If there is no Back-Up Metering System or if the Back-Up Metering System is found to be inaccurate by more than onefive-half tenths of a percent (0.5%) or is otherwise functioning improperly, then the Company and BPDB shall jointly prepare an estimate of the correct reading on the basis of all available information and such guidelines as may have been agreed to between the Company and BPDBBPDB ; (c) In the event that BPDB and the Company fail to agree upon an estimate for the correct reading, BPDB shall make any payments to the Company required as a result of its estimate of the correct reading, which shall not in any event be greater than the last meter reading known to be correct, and the matter may be referred by either Party for determination by Expert pursuant to Section 19.3Joint Coordinating Committee; and (d) The difference between the previous payments by BPDB for the period of inaccuracy and the recalculated amount shall be offset against or added to the next payment to the Company under this Agreement, as appropriate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus onefive-half tenths of a percent (0.5%) and not otherwise functioning improperly.

Adjustment for Inaccurate Meters. The following provisions on adjustment for inaccurate meters shall apply only to the extent they do not conflict with requirements of RREC, if it is the owner or operator of the Electric Metering Devices. Seller shall make all reasonable efforts to ensure that RREC requirements are consistent herewith. (a) If the an Electric Metering System Device fails to register, or if the measurement made by the an Electric Metering System Device is found upon testing to be inaccurate by more than one-half of a one percent (0.51%)) from the measurement made by the standard meter used in the test, an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Metering System Device for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a1) FirstIn the event that the Electric Metering Device is found to be defective or inaccurate, the readings of the Back-Up Metering SystemParties shall use Seller’s backup metering, if anyinstalled, may be utilised to calculate determine the correct amount of Net Energy Outputsuch inaccuracy; provided, unless a test however, that such backup metering is tested and has been maintained in accordance with the provisions of such Backthis Article 7. In the event that Seller has not installed backup metering, or the back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System up metering is inaccurate by more than one-half of a percent (0.5%) or is otherwise functioning improperly; (b) If there is no Back-Up Metering System or if the Back-Up Metering System is also found to be inaccurate by more than one-half of a one percent (0.51%) or is otherwise functioning improperlyfrom the measurement made by the standard meter used in the test, then the Company and BPDB shall jointly prepare an estimate Parties may use any other mutually agreeable measure of the correct reading on Entire Exchange Resource Output during the basis of all available information and such guidelines as may have been agreed to between period for which accurate metering was not available. The adjustment shall be made for the Company and BPDB;period during which inaccurate measurements were made. (c2) In the event that BPDB and the Company fail Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to agree upon an estimate be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Metering Device to the test that found the Electric Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) days immediately preceding the test that found the Electric Metering Device to be defective or inaccurate. (b) To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Purchaser, Purchaser shall use the corrected measurements as determined in accordance with this Article 7 to recompute the amount due for the correct reading, BPDB shall make any payments to the Company required as a result of its estimate period of the correct reading, which inaccuracy and shall not in any event be greater than the last meter reading known to be correct, and the matter may be referred by either Party for determination by Expert pursuant to Section 19.3; and (d) The difference between subtract the previous payments by BPDB Purchaser for the this period of inaccuracy and the recalculated amount shall be offset against or added to the next payment to the Company under this Agreement, as appropriatefrom such recomputed amount. If the period of inaccuracy cannot be accurately determineddifference is a positive number, it the difference shall be deemed paid by Purchaser to have begun on Seller; if the date which difference is midway between a negative number, that difference shall be paid by Seller to Purchaser, or at the date discretion of Purchaser, may take the meter was found form of an offset to payments due Seller by Purchaser (or by payment to Seller, if sufficient payments do not remain to offset). Payment of such difference by the owing Party shall be inaccurate and made not later than thirty (30) days after the date owing Party receives notice of the last meter reading accepted by the Parties as accurate. In no eventamount due, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus one-half of a percent (0.5%) and not otherwise functioning improperlyunless Purchaser elects payment via an offset.

Adjustment for Inaccurate Meters. If the Metering System fails to register, or if the measurement made by the Metering System is found upon testing to be inaccurate by more than one-half of a percent (0.5%), an adjustment shall be made correcting all measurements by the inaccurate or defective Metering System for the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a) First, the readings of the Back-Up Metering System, if any, may be utilised used to calculate the correct amount of Net Energy Output, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than one-half of a percent (0.5%) or is otherwise functioning improperly; (b) If there is no Back-Up Metering System or if the Back-Up Metering System is found to be inaccurate by more than one-half of a percent (0.5%) or is otherwise functioning improperly, then the Company and BPDB the Off-Taker shall jointly prepare an estimate of the correct reading on the basis of all available information and such guidelines as may have been agreed to between the Company and BPDBthe Off-Taker; (c) In the event that BPDB the Off-Taker and the Company fail to agree upon an estimate for the correct reading, BPDB the Off-Taker shall make any payments to the Company required as a result of its estimate of the correct reading, which shall not in any event be greater than the last meter reading known to be correct, and the matter may be referred by either Party for determination by Expert pursuant to Section 19.3; and (d) The difference between the previous payments by BPDB the Off-Taker for the period of inaccuracy and the recalculated amount shall be offset against or added to the next payment to the Company under this Agreement, as appropriate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus one-one- half of a percent (0.5%) and not otherwise functioning improperly.

Adjustment for Inaccurate Meters. (a) If the Primary Metering System fails to registerrecord, or if the measurement made by the Primary Metering System is found upon testing to be inaccurate by more than one-half the maximum limit of a percent (0.5%)inaccuracy stated in Table 2 of Schedule 6, an adjustment shall be made made, correcting all measurements by the inaccurate or defective Metering System metering device for both the amount of the inaccuracy and the period of the inaccuracy, in the following mannermanner and order of priority: (ai) FirstThe Parties shall use the BOT Company’s Check Metering System to determine the amount of such inaccuracy; provided, however, that such Check Metering System is tested and maintained in the same manner as the Primary Metering System. (ii) In the event that the Check Metering System is also found to be inaccurate by more than the maximum limit of inaccuracy applied to the Primary Metering System in Table 2 of Schedule 6, the readings of Parties shall use the records obtained from the Back-Up Metering System, if any, may be utilised to calculate . (iii) In the correct amount of Net Energy Output, unless a test of such Back-Up Metering System, as required by either Party, reveals event that the Back-Up Metering System is inaccurate by more than one-half of a percent (0.5%) or is otherwise functioning improperly; (b) If there is no Back-Up Metering System or if the Back-Up Metering System is also found to be inaccurate by more than onethe maximum limit of inaccuracy applied to the Back-half Up Metering System in Table 2 of a percent Schedule 6, the Parties shall use the records obtained from the metering equipment at the generator terminal after deducting the auxiliary power and the power loss before the Primary Metering System, provided the meters at the generator terminal meet the following requirements. The accuracy of the meters at the generator terminal shall be plus or minus zero point five per cent. (+/- 0.5%) or is otherwise functioning improperly, then and the Company technical design of such meters shall be agreed by the Parties. The auxiliary power and BPDB the power loss shall jointly prepare an estimate of the correct reading be determined on the basis of all available information and such guidelines as may have been agreed to between the Company and BPDB;previous estimates for the preceding three (3) months, when the Primary Metering System was registering accurately. (cb) In If the event that BPDB and duration of the Company fail to agree upon an estimate inaccuracy cannot be determined, retroactive billing adjustments for the correct reading, BPDB shall make any payments to the Company required errors found as a result of its estimate of the correct reading, which any test shall not in any event be greater than the last meter reading known to be correct, and the matter may be referred by either Party for determination by Expert pursuant to Section 19.3; and (d) The difference between the previous payments by BPDB for the period of inaccuracy and the recalculated amount shall be offset against or added to the next payment to the Company under this Agreement, as appropriate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any a period prior equal to the date on which the Metering System was last tested and found to be accurate within plus or minus one-half (1/2) of a percent the time elapsed since the previous test, but not to exceed six (0.5%6) and not otherwise functioning improperlymonths.