Billing Adjustments for Meter Error Sample Clauses

Billing Adjustments for Meter Error a. If a meter test reveals that the meter was inaccurate by one percent (1%) or less, no adjustments in billing shall be made for the period of inaccuracy. b. If a meter test reveals that a meter was inaccurate by more than one percent (1%) and the period of inaccuracy can be ascertained by reference to Customer’s meter readings or otherwise, all bills based on the readings of the inaccurate meter shall be corrected for the period of inaccuracy. c. If a meter test reveals that a meter was inaccurate by more than one percent (1%) and the period of inaccuracy cannot be ascertained, all bills based on the readings of the inaccurate meter shall be corrected for the elapsed time since Customer notified Utility that Utility’s meters and Customer’s meters have divergent readings, or if the inaccuracy is discovered by Utility, for the elapsed time since Utility discovered the inaccuracy. d. If Utility determines that a meter is so inaccurate that billing adjustments cannot be made as described above, Utility shall estimate the deliveries of energy by Customer and/or the deliveries of Supplemental Service and Maintenance Service to Customer during the period of meter non-registration or inaccuracy, based on the best available information, including without limitation, deliveries of energy and Utility service during prior periods. In making such an estimate, the Utility shall consider readings of meters installed by Customer as part of the control package of Customer’s Facility, if Utility determines that Customer’s records concerning calibration and testing of such meters are adequate to insure the meter’s accuracy. e. Billing adjustments shall be limited to a period of two years.
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Related to Billing Adjustments for Meter Error

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Definitions As used in this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

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