Basis and terms of appointment. 10.8.1 The person appointed as Compensation Value Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.8) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.1, shall be the person, period and terms agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters or any User made within 10 Business Days after the Transporters notify to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters making an appointment on such basis (in which case the Transporters will arrange for an alternative proposal to be considered by the Network Code Committee of any relevant sub-committee). 10.8.2 The terms of appointment will require that: (a) the Compensation Value Auditor shall present to and discuss with the Transporters its draft findings before reporting under paragraph (b); (b) the Compensation Value Auditor shall report his findings to the Transporters and the Uniform Network Code Committee or any relevant Sub-committee; (c) without prejudice to paragraph (b), the Compensation Value Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Auditor's report is presented; (d) the Compensation Value Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Auditor in the course of its review. 10.8.3 A copy of the Compensation Value Auditor's full report will be provided by the Transporters to each User and to the Authority. 10.8.4 The fees and costs of the Compensation Value Auditor will be paid by the Transporters and (subject to paragraph 10.8.5) recovered from Users as follows: (a) before each relevant period the fees and costs of the Compensation Value Auditor will be estimated by the Transporters and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period; (b) when the Compensation Value Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered. 10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 27 contracts
Samples: Ancillary Agreement, Ancillary Agreement, Ancillary Agreement
Basis and terms of appointment. 10.8.1 9.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.89.2) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.19.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters National Grid NTS or any User made within 10 Business Days after the Transporters notify National Grid NTS notified to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters National Grid NTS's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters National Grid NTS will arrange for an alternative proposal to be considered by the Uniform Network Code Committee of or any relevant subSub-committee).
10.8.2 9.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters National Grid NTS its draft findings before reporting under paragraph (b);
(b) the Compensation Value Neutrality Auditor shall report his findings to the Transporters National Grid NTS and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 9.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters National Grid NTS to each User and to the Authority.
10.8.4 9.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters National Grid NTS and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters National Grid NTS and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Neutrality Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 26 contracts
Samples: Ancillary Agreement, Ancillary Agreement, Ancillary Agreement
Basis and terms of appointment. 10.8.1 The person appointed as Compensation Value Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.8) the terms of his their appointment, including the scope and objectives of the review under paragraph 10.7.1, shall be the person, period and terms agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters or any User made within 10 Business Days after the Transporters notify to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters making an appointment on such basis (in which case the Transporters will arrange for an alternative proposal to be considered by the Network Code Committee of any relevant sub-committee).
10.8.2 The terms of appointment will require that:
(a) the Compensation Value Auditor shall present to and discuss with the Transporters its draft findings before reporting under paragraph (b);
(b) the Compensation Value Auditor shall report his their findings to the Transporters and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Auditor's report is presented;
(d) the Compensation Value Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Auditor in the course of its review.
10.8.3 A copy of the Compensation Value Auditor's full report will be provided by the Transporters to each User and to the Authority.
10.8.4 The fees and costs of the Compensation Value Auditor will be paid by the Transporters and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Auditor will be estimated by the Transporters and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 13 contracts
Samples: Ancillary Agreement, Ancillary Agreement, Ancillary Agreement
Basis and terms of appointment. 10.8.1 9.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.89.2) the terms of his their appointment, including the scope and objectives of the review under paragraph 10.7.19.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters National Grid NTS or any User made within 10 Business Days after the Transporters notify National Grid NTS notified to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters National Grid NTS's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters National Grid NTS will arrange for an alternative proposal to be considered by the Uniform Network Code Committee of or any relevant subSub-committee).
10.8.2 9.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters National Grid NTS its draft findings before reporting under paragraph (b);
(b) the Compensation Value Neutrality Auditor shall report his their findings to the Transporters National Grid NTS and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 9.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters National Grid NTS to each User and to the Authority.
10.8.4 9.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters National Grid NTS and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters National Grid NTS and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Neutrality Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 8 contracts
Samples: Ancillary Agreement, Ancillary Agreement, Ancillary Agreement
Basis and terms of appointment. 10.8.1 9.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.89.2) the terms of his their appointment, including the scope and objectives of the review under paragraph 10.7.19.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters National Gas Transmission or any User made within 10 Business Days after the Transporters notify National Gas Transmission notified to Users the decision of the Uniform Network Code Committee or Sub-Sub- committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters National Gas Transmission's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters National Gas Transmission will arrange for an alternative proposal to be considered by the Uniform Network Code Committee of or any relevant sub-Sub- committee).
10.8.2 9.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters National Gas Transmission its draft findings before reporting under paragraph (b);
(b) the Compensation Value Neutrality Auditor shall report his their findings to the Transporters National Gas Transmission and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 9.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters National Gas Transmission to each User and to the Authority.
10.8.4 9.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters National Gas Transmission and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters National Gas Transmission and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Neutrality Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 5 contracts
Samples: Ancillary Agreement, Ancillary Agreement, Ancillary Agreement
Basis and terms of appointment. 10.8.1 12.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.812.2) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.112.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters Transco NTS or any User made within 10 Business Days after the Transporters notify Transco NTS notified to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition [A11(18) )] Disapproval to the Transporters Transco NTS's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters Transco NTS will arrange for an alternative proposal to be considered by the Network Code Committee of or any relevant subSub-committee).
10.8.2 12.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters Transco NTS its draft findings before reporting under paragraph (bii);
(b) the Compensation Value Neutrality Auditor shall report his findings to the Transporters Transco NTS and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 12.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters Transco NTS to each User and to the Authority.
10.8.4 12.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters Transco NTS and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters Transco NTS and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Neutrality Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 1 contract
Samples: Network Code Ancillary Agreement
Basis and terms of appointment. 10.8.1 The person appointed as Compensation Value Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.8) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.1, shall be the person, period and terms agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters or any User made within 10 Business Days after the Transporters notify to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition [A11(18) )] Disapproval to the Transporters making an appointment on such basis (in which case the Transporters will arrange for an alternative proposal to be considered by the Network Code Committee of any relevant sub-committee).
10.8.2 The terms of appointment will require that:
(a) the Compensation Value Auditor shall present to and discuss with the Transporters its draft findings before reporting under paragraph (b);
(b) the Compensation Value Auditor shall report his findings to the Transporters and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Auditor's report is presented;
(d) the Compensation Value Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Auditor in the course of its review.
10.8.3 A copy of the Compensation Value Auditor's full report will be provided by the Transporters to each User and to the Authority.
10.8.4 The fees and costs of the Compensation Value Auditor will be paid by the Transporters and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Auditor will be estimated by the Transporters and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 1 contract
Samples: Ancillary Agreement
Basis and terms of appointment. 10.8.1 9.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.89.2) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.19.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters National Grid NTS or any User made within 10 Business Days after the Transporters notify National Grid NTS notified to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters National Grid NTS's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters National Grid NTS will arrange for an alternative proposal to be considered by the Uniform Network Code Committee of or any relevant subSub-committee).
10.8.2 9.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters National Grid NTS its draft findings before reporting under paragraph (b);
(b) the Compensation Value Neutrality Auditor shall report his findings to the Transporters National Grid NTS and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 9.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters National Grid NTS to each User and to the Authority.
10.8.4 9.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters National Grid NTS and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters National Grid NTS and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Neutrality Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 1 contract
Samples: Ancillary Agreement
Basis and terms of appointment. 10.8.1 9.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.89.2) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.19.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters Transco NTS or any User made within 10 Business Days after the Transporters notify Transco NTS notified to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition [A11(18) )] Disapproval to the Transporters Transco NTS's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters Transco NTS will arrange for an alternative proposal to be considered by the Uniform Network Code Committee of or any relevant subSub-committee).
10.8.2 9.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters Transco NTS its draft findings before reporting under paragraph (b);
(b) the Compensation Value Neutrality Auditor shall report his findings to the Transporters Transco NTS and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 9.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters Transco NTS to each User and to the Authority.
10.8.4 9.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters Transco NTS and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters Transco NTS and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Neutrality Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 1 contract
Samples: Ancillary Agreement
Basis and terms of appointment. 10.8.1 13.8.1 The person appointed as Compensation Value Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.813.8) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.113.7.1, shall be the person, period and terms agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters or any User made within 10 Business Days after the Transporters notify to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition [A11(18) )] Disapproval to the Transporters making an appointment on such basis (in which case the Transporters will arrange for an alternative proposal to be considered by the Network Code Committee of any relevant sub-committee).
10.8.2 13.8.2 The terms of appointment will require that:
(a) the Compensation Value Auditor shall present to and discuss with the Transporters its draft findings before reporting under paragraph (b);
(b) the Compensation Value Auditor shall report his findings to the Transporters and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Auditor's report is presented;
(d) the Compensation Value Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Auditor in the course of its review.
10.8.3 13.8.3 A copy of the Compensation Value Auditor's full report will be provided by the Transporters to each User and to the Authority.
10.8.4 13.8.4 The fees and costs of the Compensation Value Auditor will be paid by the Transporters and (subject to paragraph 10.8.513.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Auditor will be estimated by the Transporters and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 13.8.5 Where a report of the Compensation Value Auditor contains a finding that [the Transporter (or the Transporters) )] failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.113.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.413.8.4.
Appears in 1 contract
Samples: Network Code Ancillary Agreement
Basis and terms of appointment. 10.8.1 The person appointed as Compensation Value Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.8) the terms of his their appointment, including the scope and objectives of the review under paragraph 10.7.1, Uniform Network Code – Transportation Principal Document Section V shall be the person, period and terms agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters or any User made within 10 Business Days after the Transporters notify to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters making an appointment on such basis (in which case the Transporters will arrange for an alternative proposal to be considered by the Network Code Committee of any relevant sub-committee).
10.8.2 The terms of appointment will require that:
(a) the Compensation Value Auditor shall present to and discuss with the Transporters its draft findings before reporting under paragraph (b);
(b) the Compensation Value Auditor shall report his their findings to the Transporters and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Auditor's report is presented;
(d) the Compensation Value Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Auditor in the course of its review.
10.8.3 A copy of the Compensation Value Auditor's full report will be provided by the Transporters to each User and to the Authority.
10.8.4 The fees and costs of the Compensation Value Auditor will be paid by the Transporters and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Auditor will be estimated by the Transporters and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.. Uniform Network Code – Transportation Principal Document Section V
Appears in 1 contract
Samples: Ancillary Agreement
Basis and terms of appointment. 10.8.1 9.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.89.2) the terms of his their appointment, including the scope and objectives of the review under paragraph 10.7.19.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters National Grid NTS or any User made within 10 Business Days after the Transporters notify National Grid NTS notified to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) Disapproval to the Transporters National Grid NTS's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters National Grid NTS will arrange for an alternative proposal to be considered by the Uniform Network Code Committee of or any relevant subSub-committee).
10.8.2 9.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters National Grid NTS its draft findings before reporting under paragraph (b);
(b) the Compensation Value Neutrality Auditor shall report his their findings to the Transporters National Grid NTS and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 9.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters National Grid NTS to each User and to the Authority.
10.8.4 9.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters National Grid NTS and (subject to paragraph 10.8.5) recovered from Users as follows:
: Uniform Network Code – Transportation Principal Document Section V (a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters National Grid NTS and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 1 contract
Samples: Ancillary Agreement
Basis and terms of appointment. 10.8.1 12.2.1 The person appointed as Compensation Value Neutrality Auditor for each relevant period, and the period and (subject to the further provisions of this paragraph 10.812.2) the terms of his appointment, including the scope and objectives of the review under paragraph 10.7.112.1.1, shall be the person, period and terms from time to time agreed by the Uniform Network Code Committee or any relevant Sub-committee, unless (upon the application of the Transporters Transco NTS or any User made within 10 Business Days after the Transporters notify Transco NTS notified to Users the decision of the Uniform Network Code Committee or Sub-committee) the Authority in any case shall give Condition A11(18) 9[A11(318)] Disapproval to the Transporters Transco NTS's making an appointment of the Neutrality Auditor on such basis (in which case the Transporters Transco NTS will arrange for an alternative proposal to be considered by the Network Code Committee of or any relevant subSub-committee).
10.8.2 12.2.2 The terms of appointment will require that:
(a) the Compensation Value Neutrality Auditor shall present to and discuss with the Transporters Transco NTS its draft findings before reporting under paragraph (bbii);
(b) the Compensation Value Neutrality Auditor shall report his findings to the Transporters Transco NTS and the Uniform Network Code Committee or any relevant Sub-committee;
(c) without prejudice to paragraph (b), the Compensation Value Neutrality Auditor shall agree to permit a representative of each User to attend a meeting of the Uniform Network Code Committee or any relevant Sub-committee at which the Compensation Value Neutrality Auditor's report is presented;
(d) the Compensation Value Neutrality Auditor shall undertake, in reasonable terms, to keep confidential the information disclosed to the Compensation Value Neutrality Auditor in the course of its review.
10.8.3 12.2.3 A copy of the Compensation Value Neutrality Auditor's full report will be provided by the Transporters Transco NTS to each User and to the Authority.
10.8.4 12.2.4 The fees and costs of the Compensation Value Neutrality Auditor will be paid by the Transporters Transco NTS and (subject to paragraph 10.8.5) recovered from Users as follows:
(a) before each relevant period the fees and costs of the Compensation Value Neutrality Auditor will be estimated by the Transporters Transco NTS and the amount of such estimate, divided by the number of months in the relevant period will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) for each month in the relevant period;
(b) when the Compensation Value Neutrality Auditor's final account for the relevant period is rendered, the amount of the difference between the amount thereof and the estimate under paragraph (a) will be an additional Monthly Adjustment Neutrality Cost under Section F4.5.3(a)(v) or (as the case may be) an additional Monthly Adjustment Neutrality Revenue under Section F4.5.3(b)(iv) for the month following that in which it is rendered.
10.8.5 Where a report of the Compensation Value Auditor contains a finding that the Transporter (or the Transporters) failed in a material respect to determine a Compensation Relevant Value in accordance with the applicable provisions of the Code, that part of the fees and costs of the Compensation Value Auditor certified by the auditor as relating to the review (under paragraph 10.7.1) in respect of that Compensation Relevant Value shall be borne by the Transporters and not recovered from Users pursuant to paragraph 10.8.4.
Appears in 1 contract
Samples: Network Code Ancillary Agreement