Authority Transmission Charges. Where the Company compensates the Authority for transmission and NYISO costs incurred by the Authority pursuant to Service Xxxxxx Xx. 00 and subpart (c) of Provision B of this Agreement, each Expansion Power Customer will compensate the Company for that part of the total amount paid by the Company to the Authority determined by the relationship that each Expansion Power Customer’s billing parameters (including but not limited to demand, energy or time) associated with its Existing and/or, as applicable, Additional Allocation(s) upon which the Authority based the amount charged to the Company. To the extent that Company is unable to recover any charges imposed on it by the Authority to recover any of the NYISO Charges from any Expansion Power Customer after exercising diligent efforts, which shall include pursuit of Company’s remedies for customers not paying their bills when due but shall not include any obligation to commence or defend any legal action concerning the validity of such charges, which litigation shall be Authority’s sole responsibility, the Authority shall refund such amounts to Company and Company shall assign, pledge or otherwise transfer to the Authority a security interest in all of Company’s rights to collect the unpaid NYISO Charges. The security interest assigned to the Authority hereunder shall be absolute and unconditional, but shall not confer any rights on the Authority with respect to the collection by Company of any amounts due to Company under this Agreement other than the NYISO Charges, which shall also be absolute and unconditional. Company shall have no authority to adjust, settle or compromise the amount or payment owed by any Expansion Power Customer for the NYISO Charges without the written concurrence of the Authority, and the Authority shall have no authority to adjust, settle or compromise the amount or payment owed by any Expansion Power Customer to Company under this Agreement for any other charges without the written consent of the Company. All revenues received by Company from any Expansion Power Customer for service under this Agreement shall be applied beginning with the oldest outstanding invoice first and that with respect to any invoice that is only partially paid, all money received as payment shall be allocated between the NYISO Charges and all other charges on such invoice, including any applicable late fees, on the basis of the rates that such charges bear to the total charges assessed in that invoice.
