Common use of Adjustments for Inaccurate Measurements Clause in Contracts

Adjustments for Inaccurate Measurements. If any of Genco's or the Consortium'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 +/- 0.5% in the case of electricity meters and +/- 1.0% in the case of Natural Gas meters, an adjustment to previous billing including the Tracking Account 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 the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by any of Genco's metering devices which are inaccurate or defective, the Parties shall use the Consortium's metering devices (if installed) to determine the amount of such inaccuracy; provided, however, that in the event that the Consortium's metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to Genco's metering devices under this Section 14.04 and the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by such inaccurate or defective metering devices, the Parties shall, as soon as practicable and on the basis of procedures to be mutually agreed by the Parties, estimate the amount of the necessary adjustment; (b) 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) one half of the period from the last test of the relevant metering devices or (ii) the one hundred eighty (180) Days immediately preceding the test that found the relevant metering devices to be defective or inaccurate; and (c) To the extent that the adjustment period covers a period of deliveries for which distributions has already been made by the Consortium, Genco shall use the corrected measurements as determined in accordance with this Section 14.04 to re-compute the corrected amount for the period of the inaccuracy and shall subtract the previous distributions by the Consortium for such period from such re-computed amount. If the difference is a positive number, such difference shall be transferred by the Consortium to Genco and if the difference is a negative number, such difference shall be transferred by Genco to the Consortium. The transfer of such difference shall be made by means of a credit or debit on the next statement rendered pursuant to Article VI.

Adjustments for Inaccurate Measurements. If any of Genco's or the ConsortiumSeller'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 +/- 0.5% in the case of electricity meters and +/- 1.02.0% in the case of Natural Gas Fuel meters, an adjustment to previous 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 the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by any of GencoSeller's metering devices which are inaccurate or defective, the Parties shall use the ConsortiumPurchaser's metering devices (if installed) to determine the amount of such inaccuracy; provided, however, provided that in the event that the ConsortiumPurchaser's metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to GencoSeller's metering devices under this Section 14.04 9.4, and the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by such inaccurate or defective Purchaser's metering devices, the Parties shall, as soon as practicable and on the basis of procedures to be mutually agreed by the Parties, estimate the amount of the necessary adjustmentadjustment on the basis of deliveries of the Net Electrical Output to the Entergy System and the TVA System during periods of similar operating conditions (e.g., based on the Facility's Fuel use records) when Seller's metering devices were registering accurately; (b) 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) one half of the period from the last test of the relevant metering devices or (ii) the one hundred eighty (180) 180 Days immediately preceding the test that found the relevant metering devices to be defective or inaccurate; and (c) To the extent that the adjustment period covers a period of deliveries for which distributions payment has already been made by the ConsortiumPurchaser, Genco Seller shall use the corrected measurements as determined in accordance with this Section 14.04 9.4 to re-compute the corrected amount due for the period of the inaccuracy and shall subtract the previous distributions payments by the Consortium Purchaser for such period from such re-computed amount. If the difference is a positive number, such difference shall be transferred paid by the Consortium Purchaser to Genco Seller and if the difference is a negative number, such difference shall be transferred paid by Genco Seller to the ConsortiumPurchaser. The transfer Payment of such difference shall be made by means of a credit or debit an additional charge on the next statement rendered pursuant to Article VISection 13.1(a).

Adjustments for Inaccurate Measurements. If any of Genco's or the ConsortiumSeller'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 +/- 0.5/-0.5% in the case of electricity meters and +/- 1.0/-2% in the case of Natural Gas gas meters, an adjustment to previous billing including the Tracking Account xxxxxxxx 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 the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by any of GencoSeller's metering devices which are inaccurate or defective, the Parties shall use the ConsortiumPurchaser's back-up metering devices (if installed) to determine the amount of such inaccuracy; provided, however, PROVIDED that in the event that the ConsortiumPurchaser's back-up metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to GencoSeller's metering devices under this Section 14.04 9.4, and the Parties cannot agree on the amount of the adjustment necessary to correct the measurements made by such inaccurate or defective Purchaser's back-up metering devices, the Parties shall, as soon as practicable and on the basis of procedures to be mutually agreed by the Parties, estimate the amount of the necessary adjustmentadjustment on the basis of deliveries of the Net Electrical Output of the Dedicated Units to the 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 Seller's metering devices were registering accurately; (b) 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) one half of the period from the last test of the relevant metering devices or devices, and (ii) the one hundred eighty (180) 180 Days immediately preceding the test that found the relevant metering devices to be defective or inaccurate; and (c) To the extent that the adjustment period covers a period of deliveries for which distributions payment has already been made by the ConsortiumPurchaser, Genco Seller shall use the corrected measurements as determined in accordance with this Section 14.04 9.4 to re-compute the corrected amount due for the period of the inaccuracy and shall subtract the previous distributions payments by the Consortium Purchaser for such period from such re-computed amount. If the difference is a positive number, such difference shall be transferred paid by the Consortium Purchaser to Genco Seller and if the difference is a negative number, such difference shall be transferred paid by Genco Seller to the ConsortiumPurchaser. The transfer Payment of such difference shall be made by means of a credit or debit an additional charge on the next statement rendered pursuant to Article VISection 13.1(a).

Adjustments for Inaccurate Measurements. If any of Genco's or the Consortium's Xxxxxxx’x 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 +/- 0.51% in the case of electricity meters and +/- 1.02% in the case of Natural Gas gas meters, an adjustment to previous billing including the Tracking Account xxxxxxxx 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 Parties Xxxxxxx PPA Xxxxxxx and Seller cannot agree on the amount of the adjustment necessary to correct the measurements made by any of Genco's Xxxxxxx’x metering devices which are inaccurate or defective, the Parties Xxxxxxx shall use the Consortium's Seller’s back-up metering devices (if installed) to determine the amount of such inaccuracy; provided, however, provided that in the event that the Consortium's Seller’s back-up metering devices are also found, upon testing, to be inaccurate by more than the allowable limits applicable to Genco's Xxxxxxx’x metering devices under this Section 14.04 9.4, and the Parties 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, the Parties Xxxxxxx and Seller shall, as soon as practicable and on the basis of procedures to be mutually agreed by the PartiesXxxxxxx and Seller, estimate the amount of the necessary adjustmentadjustment 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 the Parties 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 or devices, and (ii) the one hundred eighty (180) 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 distributions payment has already been made by the ConsortiumPurchaser, Genco Seller shall use the corrected measurements as determined in accordance with this Section 14.04 9.4 to re-compute the corrected amount due for the period of the inaccuracy and shall subtract the previous distributions payments by the Consortium Purchaser for such period from such re-computed amount. If the difference is a positive number, such difference shall be transferred paid by the Consortium Purchaser to Genco Seller and if the difference is a negative number, such difference shall be transferred paid by Genco Seller to the ConsortiumPurchaser. The transfer Payment of such difference shall be made by means of a credit or debit an additional charge on the next statement rendered pursuant to Article VISection 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.