Common use of Adjustment of Deemed Energy Payments Clause in Contracts

Adjustment of Deemed Energy Payments. 5.1 Where the Approved FPC has been determined, the Buyer or Seller may dispute the Deemed Energy Payment calculated in terms of paragraph 4.4.6.1 or paragraph 3 (Deemed Energy Payment before the Commercial Operation Date) of this Schedule 5 (Deemed Energy Payment) retrospectively if the Deemed Energy Payment calculated based on the Approved FPC proves to be different from the Deemed Energy Payment calculated in terms of paragraph 4.4.6.1 or paragraph 3 (Deemed Energy Payment before the Commercial Operation Date) of this Schedule 5 (Deemed Energy Payment). Overpayments made by the Buyer may be set off against payment due by the Buyer, and underpayments may be included in the Invoice for the Billing Period after such underpayment was determined. 5.2 The amount of the overpayment or underpayment determined in terms of paragraph 5.1 of this Schedule 5 (Deemed Energy Payment) shall bear interest at the Agreed Interest Rate from the date of such overpayment or underpayment to, but excluding, the date of repayment or set-off, as the case may be.

Adjustment of Deemed Energy Payments. 5.1 Where the Approved FPC has been determined, the Buyer or Seller may dispute the Deemed Energy Payment calculated in terms of paragraph 4.4.6.1 or 4.3.6.1 and paragraph 3 (Deemed Energy Payment before the Commercial Operation Date) of this Schedule 5 (Deemed Energy Payment) retrospectively if the Deemed Energy Payment calculated based on the Approved FPC proves to be different from the Deemed Energy Payment calculated in terms of paragraph 4.4.6.1 or 4.3.6.1 and paragraph 3 (Deemed Energy Payment before the Commercial Operation Date) of this Schedule 5 (Deemed Energy Payment). Overpayments made by the Buyer may be set off against payment due by the Buyer, and underpayments may be included in the Invoice for the Billing Period after such underpayment was determined. 5.2 The amount of the overpayment or underpayment determined in terms of paragraph 5.1 of this Schedule 5 (Deemed Energy Payment) shall bear interest at the Agreed Interest Rate from the date of such overpayment or underpayment to, but excluding, the date of repayment or set-off, as the case may be.

Adjustment of Deemed Energy Payments. 5.1 Where the Approved FPC has been determined, the Buyer or Seller may dispute the Deemed Energy Payment calculated in terms of paragraph 4.4.6.1 or 4.3.6.1 and paragraph 3 (Deemed Energy Payment before the Commercial Operation Date) of this Schedule 5 6 (Deemed Energy Payment) retrospectively if the Deemed Energy Payment calculated based on the Approved FPC proves to be different from the Deemed Energy Payment calculated in terms of paragraph 4.4.6.1 or 4.3.6.1 and paragraph 3 (Deemed Energy Payment before the Commercial Operation Date) of this Schedule 5 6 (Deemed Energy Payment). Overpayments made by the Buyer may be set off against payment due by the Buyer, and underpayments may be included in the Invoice for the Billing Period after such underpayment was determined. 5.2 The amount of the overpayment or underpayment determined in terms of paragraph 5.1 of this Schedule 5 6 (Deemed Energy Payment) shall bear interest at the Agreed Interest Rate from the date of such overpayment or underpayment to, but excluding, the date of repayment or set-off, as the case may be.