Common use of Adjustment for Inaccurate Meters Clause in Contracts

Adjustment for Inaccurate Meters. If Buyer’s Metering Device or Seller’s Metering Devices fail to register, or if the measurement made by Buyer’s Metering Device or Seller’s Metering Devices is found upon testing to be inaccurate by more than one percent (1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Buyer’s Metering Device, or Seller’s Metering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner. In the event that Xxxxx’s Metering Device is found to be defective or inaccurate, the Parties shall use Seller’s Metering Devices, if installed, to determine the amount of such inaccuracy; provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the provisions of this Section. If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall estimate the amount of the necessary adjustment on the basis of Delivered Energy during periods of similar operating conditions when the Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Buyer’s Metering Device to the test that found the Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Buyer’s Metering Device to be defective or inaccurate. To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Buyer for this period from such re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller; if the difference is a negative number, that difference shall be paid by Seller to Buyer, or at the discretion of Seller in the case of a payment to be made by Buyer to Seller, may take the form of an offset to payments due Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset.

Adjustment for Inaccurate Meters. If Buyer’s Metering Device or Seller’s Metering Devices fail to register, or if the measurement made by Buyer’s Metering Device or Seller’s Metering Devices is found upon testing to be inaccurate by more than one percent (1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Buyer’s Metering Device, or Seller’s Metering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner. In the event that XxxxxBuxxx’s Metering Device is found to be defective or inaccurate, the Parties shall use Seller’s Metering Devices, if installed, to determine the amount of such inaccuracy; provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the provisions of this Section. If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall estimate the amount of the necessary adjustment on the basis of Delivered Energy during periods of similar operating conditions when the Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Buyer’s Metering Device to the test that found the Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Buyer’s Metering Device to be defective or inaccurate. To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Buyer for this period from such re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller; if the difference is a negative number, that difference shall be paid by Seller to Buyer, or at the discretion of Seller in the case of a payment to be made by Buyer to Seller, may take the form of an offset to payments due Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset.

Adjustment for Inaccurate Meters. If Buyer’s Metering Device or Seller’s Metering Devices fail fails to register, or if the measurement made by BuyerXxxxx’s Metering Device or Seller’s Metering Devices is found upon testing to be inaccurate by more than one percent (1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Buyer’s Metering Device, or Seller’s Metering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner. :  In the event that Xxxxx’s Metering Device is found to be defective or inaccurate, the Parties shall use Seller’s Metering Devices, if installed, to determine the amount of such inaccuracy; , provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the provisions of this Section. If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall estimate the amount of the necessary adjustment on the basis of Delivered Energy during periods of similar operating conditions when the Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made.  In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Buyer’s Metering Device to the test that found the Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Buyer’s Metering Device to be defective or inaccurate.  To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Buyer for this period from such re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller; if the difference is a negative number, that difference shall be paid by Seller to Buyer, or at the discretion of Seller in the case of a payment to be made by Buyer to Seller, may take the form of an offset to payments due Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset.

Adjustment for Inaccurate Meters. If Buyer’s Metering Device Device, or Seller’s Metering Devices fail Devices, fails to register, or if the measurement made by Buyer’s Metering Device Device, or Seller’s Metering Devices Devices, is found upon testing to be inaccurate by more than one percent (1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Buyer’s Metering Device, or Seller’s Metering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner. : In the event that Xxxxx’s Metering Device is found to be defective or inaccurate, the Parties shall use Seller’s Metering Devices, if installed, to determine the amount of such inaccuracy; , provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the provisions of this Section. If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall estimate the amount of the necessary adjustment on the basis of Delivered Energy during periods of similar operating conditions when the Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Buyer’s Metering Device to the test that found the Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Buyer’s Metering Device to be defective or inaccurate. To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Buyer for this period from such re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller; if the difference is a negative number, that difference shall be paid by Seller to Buyer, or at the discretion of Seller in the case of a payment to be made by Buyer to Seller, may take the form of an offset to payments due Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset.

Adjustment for Inaccurate Meters. If Buyer’s Metering Device Device, or Seller’s Metering Devices fail Devices, fails to register, or if the measurement made by Buyer’s Metering Device Device, or Seller’s Metering Devices Devices, is found upon testing to be inaccurate by more than one percent (1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Buyer’s Metering Device, or Seller’s Metering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner. :  In the event that Xxxxx’s Metering Device is found to be defective or inaccurate, the Parties shall use Seller’s Metering Devices, if installed, to determine the amount of such inaccuracy; , provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the provisions of this Section. If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall estimate the amount of the necessary adjustment on the basis of Delivered Energy during periods of similar operating conditions when the Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made.  In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Buyer’s Metering Device to the test that found the Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Buyer’s Metering Device to be defective or inaccurate.  To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Buyer for this period from such re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller; if the difference is a negative number, that difference shall be paid by Seller to Buyer, or at the discretion of Seller in the case of a payment to be made by Buyer to Seller, may take the form of an offset to payments due Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset.

Adjustment for Inaccurate Meters. If Buyer’s an Electric Metering Device or Seller’s Metering Devices fail fails to register, or if the measurement made by Buyer’s an Electric Metering Device or Seller’s Metering Devices is found upon testing to be inaccurate by more than one percent (1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Buyer’s Electric Metering Device, or Seller’s Metering DevicesBorough's Back-Up Metering, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner. : In the event that Xxxxx’s the Electric Metering Device is found to be defective or inaccurate, the Parties shall use Seller’s Metering DevicesBorough's Back-up Metering, if installed, to determine the amount of such inaccuracy; , provided, however, that Seller’s Borough's Back-Up Metering Devices have has been tested and maintained in accordance with the provisions of this Section. If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall estimate the amount of the necessary adjustment on the basis of Delivered Energy during periods of similar operating conditions when the Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were madeArticle. In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Buyer’s Electric Metering Device to the test that found the Buyer’s Electric Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Buyer’s Electric Metering Device to be defective or inaccurate. To the extent that the adjustment period covers a period of deliveries for which payment has already been made by BuyerBorough, Buyer Seller shall use the corrected measurements as determined in accordance with this Article to re-compute recalculate the amount due for the period of the inaccuracy and shall subtract the previous payments by Buyer Borough for this period from such re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer Borough to Seller; if the difference is a negative number, that difference shall be paid by Seller to Buyer, or at the discretion of Seller in the case of a payment to be made by Buyer to Seller, may take the form of an offset to payments due Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offsetBorough.