Common use of Adjustments for Inaccurate Measurements Clause in Contracts

Adjustments for Inaccurate Measurements. If any of Xxxxxxx’x metering devices fail to register, or if the measurements made by any of such metering devices are found upon testing to be inaccurate by more than +/- 1% in the case of electricity meters and +/- 2% in the case of gas meters, an adjustment to previous xxxxxxxx shall be made correcting all measurements by the inaccurate or defective metering device for billing purposes, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a) In the event that pursuant to Section 9.4 (a) of the Xxxxxxx PPA Xxxxxxx and Seller cannot agree on the amount of the adjustment necessary to correct the measurements made by any of Xxxxxxx’x metering devices which are inaccurate or defective, Xxxxxxx shall use Seller’s back-up metering devices (if installed) to determine the amount of such inaccuracy, provided that in the event that Seller’s back-up metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to Xxxxxxx’x metering devices under this Section 9.4, and Xxxxxxx and Seller cannot agree on the amount of the adjustment necessary to correct the measurements made by such inaccurate or defective Seller’s back-up metering devices, Xxxxxxx and Seller shall, as soon as practicable and on the basis of procedures to be mutually agreed by Xxxxxxx and Seller, estimate the amount of the necessary adjustment on the basis of deliveries of the Net Electrical Output of the Dedicated Units to the Commonwealth Edison System during periods of similar operating conditions (e.g., based on the Fuel use records for the Dedicated Units) when Xxxxxxx’x metering devices were registering accurately. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(a), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directives; (b) In the event that Xxxxxxx and Seller 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) one half of the period from the last test of the relevant metering devices, and (ii) the 180 Days immediately preceding the test that found the relevant metering devices to be defective or inaccurate. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(b), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directives; and (c) To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Purchaser, Seller shall use the corrected measurements as determined in accordance with this Section 9.4 to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Purchaser for such period from such re-computed amount. If the difference is a positive number, such difference shall be paid by Purchaser to Seller and if the difference is a negative number, such difference shall be paid by Seller to Purchaser. Payment of such difference shall be made by means of a credit or an additional charge on the next statement rendered pursuant to Section 13.1(a). (d) For Fuel, the adjustment will be based on gas quantities specified on statements from the Transporting Pipelines delivery of Fuel for the Dedicated Units.

Adjustments for Inaccurate Measurements. If any of Xxxxxxx’x Seller's metering devices fail to register, or if the measurements made by any of such metering devices are found upon testing to be inaccurate by more than +/- 10.5% in the case of electricity meters and +/- 22.0% in the case of gas Fuel meters, an adjustment to previous xxxxxxxx shall be made correcting all measurements by the inaccurate or defective metering device for billing purposes, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a) In the event that pursuant to Section 9.4 (a) of the Xxxxxxx PPA Xxxxxxx and Seller Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by any of Xxxxxxx’x Seller's metering devices which are inaccurate or defective, Xxxxxxx the Parties shall use Seller’s back-up Purchaser's metering devices (if installed) to determine the amount of such inaccuracy, provided that in the event that Seller’s back-up Purchaser's metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to Xxxxxxx’x Seller's metering devices under this Section 9.4, and Xxxxxxx and Seller the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by such inaccurate or defective Seller’s back-up Purchaser's metering devices, Xxxxxxx and Seller the Parties shall, as soon as practicable and on the basis of procedures to be mutually agreed by Xxxxxxx and Sellerthe Parties, estimate the amount of the necessary adjustment on the basis of deliveries of the Net Electrical Output of the Dedicated Units to the Commonwealth Edison Entergy System and the TVA System during periods of similar operating conditions (e.g., based on the Facility's Fuel use records for the Dedicated Unitsrecords) when Xxxxxxx’x Seller's metering devices were registering accurately. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(a), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directives; (b) In the event that Xxxxxxx and Seller 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) one half of the period from the last test of the relevant metering devices, and devices or (ii) the 180 Days immediately preceding the test that found the relevant metering devices to be defective or inaccurate. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(b), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directives; and (c) To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Purchaser, Seller shall use the corrected measurements as determined in accordance with this Section 9.4 to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Purchaser for such period from such re-computed amount. If the difference is a positive number, such difference shall be paid by Purchaser to Seller and if the difference is a negative number, such difference shall be paid by Seller to Purchaser. Payment of such difference shall be made by means of a credit or an additional charge on the next statement rendered pursuant to Section 13.1(a). (d) For Fuel, the adjustment will be based on gas quantities specified on statements from the Transporting Pipelines delivery of Fuel for the Dedicated Units.

Adjustments for Inaccurate Measurements. If any of Xxxxxxx’x Genco's or the Consortium's metering devices fail to register, register or if the measurements made by any of such metering devices are found upon testing to be inaccurate by more than +/- 10.5% in the case of electricity meters and +/- 21.0% in the case of gas Natural Gas meters, an adjustment to previous xxxxxxxx billing including the Tracking Account shall be made correcting all measurements by the inaccurate or defective metering device for billing purposes, purposes for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a) In the event that pursuant to Section 9.4 (a) of the Xxxxxxx PPA Xxxxxxx and Seller Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by any of Xxxxxxx’x Genco's metering devices which are inaccurate or defective, Xxxxxxx the Parties shall use Seller’s back-up the Consortium's metering devices (if installed) to determine the amount of such inaccuracy; provided, provided however, that in the event that Seller’s back-up the Consortium's metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to Xxxxxxx’x Genco's metering devices under this Section 9.4, 14.04 and Xxxxxxx and Seller the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by such inaccurate or defective Seller’s back-up metering devices, Xxxxxxx and Seller the Parties shall, as soon as practicable and on the basis of procedures to be mutually agreed by Xxxxxxx and Sellerthe Parties, estimate the amount of the necessary adjustment on the basis of deliveries of the Net Electrical Output of the Dedicated Units to the Commonwealth Edison System during periods of similar operating conditions (e.g., based on the Fuel use records for the Dedicated Units) when Xxxxxxx’x metering devices were registering accurately. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(a), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directivesadjustment; (b) In the event that Xxxxxxx and Seller 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) one half of the period from the last test of the relevant metering devices, and devices or (ii) the 180 one hundred eighty (180) Days immediately preceding the test that found the relevant metering devices to be defective or inaccurate. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(b), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directives; and (c) To the extent that the adjustment period covers a period of deliveries for which payment distributions has already been made by Purchaserthe Consortium, Seller Genco shall use the corrected measurements as determined in accordance with this Section 9.4 14.04 to re-compute the corrected amount due for the period of the inaccuracy and shall subtract the previous payments distributions by Purchaser the Consortium for such period from such re-computed amount. If the difference is a positive number, such difference shall be paid transferred by Purchaser the Consortium to Seller Genco and if the difference is a negative number, such difference shall be paid transferred by Seller Genco to Purchaserthe Consortium. Payment The transfer of such difference shall be made by means of a credit or an additional charge debit on the next statement rendered pursuant to Section 13.1(a)Article VI. (d) For Fuel, the adjustment will be based on gas quantities specified on statements from the Transporting Pipelines delivery of Fuel for the Dedicated Units.

Adjustments for Inaccurate Measurements. If any of Xxxxxxx’x Seller's metering devices fail to register, or if the measurements made by any of such metering devices are found upon testing to be inaccurate by more than +/- 1/-0.5% in the case of electricity meters and +/- 2/-2% in the case of gas meters, an adjustment to previous xxxxxxxx shall be made correcting all measurements by the inaccurate or defective metering device for billing purposes, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: (a) In the event that pursuant to Section 9.4 (a) of the Xxxxxxx PPA Xxxxxxx and Seller Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by any of Xxxxxxx’x Seller's metering devices which are inaccurate or defective, Xxxxxxx the Parties shall use Seller’s Purchaser's back-up metering devices (if installed) to determine the amount of such inaccuracy, provided PROVIDED that in the event that Seller’s Purchaser's back-up metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to Xxxxxxx’x Seller's metering devices under this Section 9.4, and Xxxxxxx and Seller the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by such inaccurate or defective Seller’s Purchaser's back-up metering devices, Xxxxxxx and Seller the Parties shall, as soon as practicable and on the basis of procedures to be mutually agreed by Xxxxxxx and Sellerthe Parties, estimate the amount of the necessary adjustment on the basis of deliveries of the Net Electrical Output of the Dedicated Units to the Commonwealth Edison Entergy System and the TVA System during periods of similar operating conditions (e.g., based on the Fuel use records for the Dedicated Units) when Xxxxxxx’x Seller's metering devices were registering accurately. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(a), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directives; (b) In the event that Xxxxxxx and Seller 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) one half of the period from the last test of the relevant metering devices, and (ii) the 180 Days immediately preceding the test that found the relevant metering devices to be defective or inaccurate. Where Seller is required to “agree” on a matter with Xxxxxxx pursuant to this Section 9.4(b), Purchaser shall direct Seller what position to take in such matter and Seller shall use Commercially Reasonable Efforts to advance Purchaser’s directives; and (c) To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Purchaser, Seller shall use the corrected measurements as determined in accordance with this Section 9.4 to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments by Purchaser for such period from such re-computed amount. If the difference is a positive number, such difference shall be paid by Purchaser to Seller and if the difference is a negative number, such difference shall be paid by Seller to Purchaser. Payment of such difference shall be made by means of a credit or an additional charge on the next statement rendered pursuant to Section 13.1(a). (d) For Fuel, the adjustment will be based on gas quantities specified on statements from the Transporting Pipelines delivery of Fuel for the Dedicated Units.