Common use of Billing and Payment Clause in Contracts

Billing and Payment. 13.1 Company shall invoice Shipper as near to the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company shall invoice Shipper as near to on or before the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-then- effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company shall invoice Shipper as near to the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.two

Billing and Payment. 13.1 Company shall invoice Shipper as near to 8.1 On or before the 15th ninth (9th) business day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing DateMonth, billing Transporter shall be prepared based on the quantity nominated by render an invoice to Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit setting forth the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that datefor such Month. 13.3 If 8.2 When information necessary for invoicing purposes is in the control of Shipper, in good faithShipper shall furnish such information to Transporter on or before the third (3rd) day of the Month. 8.3 Both Transporter and Xxxxxxx have the right to examine at reasonable times, disputes books, records and charts of the amount or other to the extent necessary to verify the accuracy of any part of such invoice, then charge or computation made under or pursuant to any of the provisions hereof. 8.4 Shipper shall pay such amount as it concedes to be correct; providedany invoice, however, if Shipper disputes on or before the amount due, it must provide Company with written notice tenth (10th) day after the date of the basis for invoice. Payments by Shipper to Transporter shall be made in the disputed amount and supporting documentation acceptable in natural gas industry practice form of wire transfer directed to support the amount paid and bank account designated by Transporter, unless otherwise agreed to by the amount disputedParties. In Shipper shall identify the event invoice number specified by Transporter to which the parties are unable to resolve payment relates. If Shipper submits payment different from the invoiced amount, remittance detail must be provided with such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Sectionpayment. 13.4 8.5 If rendition of an invoice by Transporter is delayed after the ninth (9th) business day of the Month, then the time of payment shall be extended accordingly unless Xxxxxxx is responsible for such delay. 8.6 If Xxxxxxx fails to remit pay all of the full amount payable of any invoice when such amount is due, interest on the unpaid portion of the invoice shall accrue from the due date due until the date of payment at a rate of interest equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" charged by The Wall Street JournalCitibank, N.A. during that period to responsible commercial and industrial borrowers, plus one two percent (12%) per annum; or (ii) ), but which in no event shall be higher than the maximum applicable lawful interest rate. 13.5 Company rate permitted by law. In addition to any other remedy Transporter may have, Transporter may suspend further receipt and Xxxxxxx redelivery of gas for Shipper, provided, however, that if Shipper in good faith shall have dispute the rightamount of any such invoice or part thereof and shall pay to Transporter such amounts not in dispute, and provide documentation identifying the basis for the dispute and, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment time thereafter within thirty (30) days of notice a demand made by Transporter, shall furnish a good and substantiation sufficient surety bond in an amount and with surety satisfactory to Transporter or other assurance acceptable to Transporter, guaranteeing payment to Transporter of the amount ultimately found due upon such invoice after a final determination which may be reached either by agreement or judgment of the courts, as may be the case, then Transporter shall not be entitled to suspend further receipt and redelivery of gas or terminate or abandon service under this Agreement unless and until default be made in the conditions of such inaccuracybond. The foregoing shall be in addition to any other remedies Transporter may have, at law or in equity, with respect to Xxxxxxx's failure to pay the amount of any invoice. 8.7 If it shall be found that at any time Shipper has been overcharged or undercharged, and Xxxxxxx shall have actually paid the invoice containing such charges, then within thirty

Billing and Payment. 13.1 Company 3.7.1. On or before the 15th Day of the Month, Carrier shall xxxx Xxxxxxx each Month for the Fees for gathering and unloading services provided hereunder during the previous Month. Payment shall be due within 15 Days of the invoice date. In the event actual measurements of quantities of Shipper’s Crude Oil are unavailable in any Month of service, Carrier may invoice Shipper as near to the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Datebased on estimated quantities, billing which shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted corrected to the actual quantity on the following month's billing or as soon thereafter as quantities once such actual delivery information is quantities are available. 13.2 3.7.2. Late payments shall accrue interest at the rate of 1.5% per Month, or if such interest rate exceeds the maximum rate allowed by law, then the maximum rate allowed by law will be used. In the event a payment is late by more than sixty (60) Days, Carrier may withhold from delivery an amount of Crude Oil volumes of equal value (in US Dollars) to the US Dollar amount of the late payment (plus accrued interest) until payment of the late Fees has been made. Payments received by Carrier from a particular Shipper shall remit be attributed to the amount due under earliest unpaid invoice issued to that Shipper; provided, however, that such payments shall not be attributed to any amounts disputed subject to Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date3.7.3. 13.3 3.7.3. If Shipper, in good faith, disputes the amount of any such invoice or any part of such invoicethereof, then Shipper shall will pay such amount as it concedes to be correct; provided, however, if . If Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until disputed within 10 Days of the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest ratesuch invoice. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement3.7.4. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments underpayments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or and documentation, within two (2) years after the month 24 Month period following the Month of gas deliveryCrude Oil delivery at the Delivery Point(s). All retroactive adjustments under this Section shall be paid in full by the party Party owing payment within thirty (30) days 30 Days of notice and substantiation of Notice substantiating such inaccuracy.

Billing and Payment. 13.1 Company 10.1 Billing and Payment - Marketer shall invoice Shipper as near render to Company, at the 15th day address indicated in Section 15.5, on or before the fifteenth (15th) Day of each calendar month ("Billing Date") as is operationally feasible an invoice for transportation all Gas purchased during the preceding month according to the measurements, computations, and prices provided herein. Invoices may be based initially upon estimates, but will be corrected to actuals as soon as possible. Company agrees to make payment under this Agreement to Marketer for any its account in available funds by wire transfer at such location as Marketer may from time to time designate in writing; provided that the Parties recognize that Marketer has entered into a Subordination Agreement with Company and the Lenders, pursuant to which certain payments under this Agreement are subordinated to other applicable chargesexpenses of Company, and that the terms of such agreement are incorporated in this Agreement and shall govern the payment and subordination of such amounts. Payment shall be made by Company within ten (10) Days of the date of receipt of Marketer's invoice. If the actual quantity delivered invoiced amount is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, then interest on the any unpaid portion amount shall accrue from at the date due until the date of payment at a rate equal to the lower of (i) the then-effective then current prime rate of interest published of Chase Manhattan Bank, N.A., not to exceed any applicable maximum lawful rate, together with any court costs, reasonable attorneys' fees and all other costs of collection which Marketer may incur in enforcing the terms of this Agreement. If such default continues thirty (30) Days after written notice from Marketer to Company, then Marketer, after giving the Lenders notice thereof and the right to cure within such period, may suspend Gas deliveries under "Money Rates" by The Wall Street Journalthis Agreement without liability and without prejudice to other remedies. Notwithstanding the above, plus one percent (1%) per annum; or (ii) if a good faith dispute arises between the maximum applicable lawful interest rate. 13.5 Parties over the amounts due under the invoice for any matters, then Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant will pay that portion of the books, records, statement not in dispute on or before the due date and telephone recordings of the other party only both Parties will continue to the extent reasonably necessary perform their obligations under this Agreement during such dispute; provided that (a) Company will be required to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to provide in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days Days, the reasons for its dispute, (b) Company will be required to provide, within thirty (30) Days of notice a written request by Marketer, a good and substantiation sufficient surety bond guaranteeing payment to Marketer of such inaccuracyany portion of the amount ultimately found due that is not subject to subordination under the terms of the Subordination Agreement and (c) in the event Company and Marketer are unable to resolve the disputed portion of the bill within sixty (60) Days, the matter shall be submitted to arbitrxxxxn under the provisions of Article XIII.

Billing and Payment. 13.1 Company shall invoice Shipper as near to on or before the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx Shipper fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx Shipper shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company shall invoice Shipper as near to the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx Shipper fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx Shipper shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.two

Billing and Payment. 13.1 Company 11.1 In consideration for the provision of the Products, Reseller shall pay to the Supplier the Charges in accordance with this Clause 11. 11.2 The Supplier shall invoice Shipper Reseller for the Charges in accordance with the relevant provisions of the applicable Specific Schedule, and the relevant Order. Invoices shall comply with applicable laws, gener- ally accepted accounting principles and the specific requirements of Reseller (as near notified to the 15th day Supplier from time to time), and at all times contain the following minimum information: Supplier name, address and reference person including contact details; invoice date; invoice number; Order number and Supplier number; address of each month Reseller; quantity; specification of the Products; charges ("Billing Date") total amount in- voiced); currency; tax or VAT amount; tax or VAT number; payment terms as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall agreed. 11.3 Invoices must be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted sent to the actual quantity on billing address specified in the following month's billing or as soon thereafter as actual delivery information is availableOrder. 13.2 Shipper 11.4 Reseller will reimburse expenses only at cost and to the extent agreed in writing. 11.5 Unless otherwise agreed in a specific Order Reseller shall remit the amount due under Section 13.1 no more than five make payment of undisputed invoices within ninety (590) days after from receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that dateinvoice. 13.3 11.6 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either a party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date make any undisputed payment due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to under a Reseller Agreement by the extent reasonably necessary to verify the accuracy of any statement, charge, due date for payment, or computation made then, without limiting the other party's remedies under Clause 20, if the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing un- disputed payment within remains outstanding thirty (30) days from the de- faulting party's receipt of notice and substantiation a written reminder by the other party (such reminder to be sent only after the due date for payment) the defaulting party shall pay interest on the overdue undisputed amount at the rate of such inaccuracy4% per annum. Such interest shall accrue on a daily basis from the ex- piry date of the grace period until actual payment of the overdue amount. 11.7 In relation to payments disputed in good faith, interest under Clause 11.6 is payable only after the dispute is resolved, on sums found or agreed to be due.

Billing and Payment. 13.1 Company (a) Unless otherwise agreed in writing by the Parties, within seven (7) days after the end of each shipment month during the Term for each Transaction, Buyer and Seller shall provide the other, if necessary, with an invoice. setting forth, as appropriate, (i) the aggregate Contract Price owed to Seller for the Fuel actually delivered to and accepted by Buyer at each Delivery Point during the applicable month; (ii) any quality adjustments and supporting calculations determined pursuant to Section 5.1; (iii) any transportation or other charges owed by Buyer or Seller to the other pursuant to this Master Agreement; (iv) any liquidated damages payments pursuant to Section 8.4. Subject to the provisions of Section 6.1(c) below, no later than ten (10) Business Days after receipt of a Party’s invoice Shipper as near to or the 15th day of each month the month, which ever is later, ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered or if such day is not known a Business Day. the immediately following Business Day), the receiving Party shall pay, by electronic transfer in immediately available United States funds, the Billing Date, billing shall be prepared based amount set forth on such invoice along with the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted necessary information enabling reconciliation to the actual quantity on relevant shipment to the following month's billing or as soon thereafter as actual delivery information is available.applicable payment address provided in Exhibit C. 13.2 Shipper (b) With respect to financial xxxxxxx transactions, all such invoices shall remit the amount due under Section 13.1 provide for payment no more later than five ten (510) days Business Days after receipt of Company's an invoice or on the 25th of the month of the scheduled delivery, whichever is later ("Payment Date") in immediately available funds. If the Payment Date or if such day is not a Business Day, payment is due on the next immediately following Business Day following that dateDay). 13.3 If Shipper, (c) Notwithstanding anything to the contrary contained herein. if the receiving Party in good faith, faith reasonably disputes the amount or any part of such an invoice, then Shipper it shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with a written notice of explanation specifying in detail the basis for the dispute and pay any undisputed portion no later than the due date. if any amount disputed by the receiving Party is subsequently determined to be due, it shall be paid within five (5) Business Days along with interest accrued at the Interest Rate from the original due date until the date paid. If, after such determination, any Party fails to pay amounts under this Master Agreement when due, unless such amount is excused by Force Majeure under Article 7 hereof, in addition to the rights and supporting documentation acceptable remedies provided in natural gas industry practice to support this Master Agreement. the amount paid and aggrieved Party shall have the amount disputed. In right to: (i) suspend performance under this Master Agreement until such amounts plus interest at the event the parties are unable to resolve such disputeInterest Rate have been paid, either party may pursue and/or (ii) exercise any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracyamount plus interest at the Interest Rate.

Billing and Payment. 13.1 Company Within fifteen (15) days of the beginning of each Month, each Party (the “Billing Party”) shall invoice Shipper as near render to the 15th day other Party (by regular mail, facsimile, or other acceptable means pursuant to Article 12) a statement for payments due the Billing Party under this Agreement for the preceding Month during the Contract Term setting forth in sufficient detail the manner in which the invoiced amounts were calculated, including the Demand Charges, Energy Charges, Block Charges, and Excess Gas Costs for each EDP in the preceding Month and the On Peak Deliverability Damages, On Peak Buyer Damages, or On Peak Deliverability Bonus, if any, for all EDP's in that Month. Within thirty (30) Days after the end of each month Contract Year, in the Fixed Price Period, Seller shall render to Buyer ("by regular mail, facsimile, or other acceptable means pursuant to Article 12) a statement of all Block Charges due Seller for each EDP in that Contract Year. Billing Date") as is operationally feasible for transportation during and payment of all charges will be based on metered quantities of Gas and Electricity at the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing DateGDP’s or EDP’s, billing which amounts shall be prepared subject to adjustment based on the quantity nominated by Shipper errors determined in accordance with Section 8.3. Payment of suchall amounts due, consistent with adjustments made pursuant to Section 8.2, shall be dumade on or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five before ten (510) days Days after receipt of Company's the Billing Party’s invoice ("Payment Date") and shall be sent to the Billing Party’s payment address provided in immediately available fundsExhibit GF hereto. Overdue payments shall accrue interest at the Interest Rate from, and including, the due date to, but excluding, the date of payment. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shippereither Party, in good faith, disputes the amount or any part of such an invoice, then Shipper the other Party shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with a written notice of explanation specifying in detail the basis for the dispute and pay the portion of such invoice conceded to be correct no later than the due date. If any amount disputed amount and supporting documentation acceptable in natural gas industry practice is determined to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when be due, it shall be paid within ten (10) days of such determination, along with interest on accrued at the unpaid portion shall accrue Interest Rate from the original due date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest ratepaid. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company shall invoice Shipper as near to on or before the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx Shipper fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-then- effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx Shipper shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company shall invoice Shipper as near to the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("“Payment Date"”) in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company (a) Seller, in connection with its rights as Purchaser under the Xxxxxxx PPA, shall invoice Shipper as near cause the Facility’s metering equipment to be read at the 15th day Interconnection Point at 12:00 midnight (Central Prevailing Time) on the last Day of each month Month, unless otherwise mutually agreed by the Parties. Seller shall prepare and render to Purchaser within 7 Business Days after the end of each Billing Period a statement detailing the meter reading ("in half-hour readings) and Seller’s calculation of the payments due to Seller for such Billing Date"Period. (b) as is operationally feasible Payment for transportation during the preceding month Reservation Payment, Energy Payment, Guaranteed Heat Rate Payment and other amounts owed by Purchaser pursuant to this Agreement for each Billing Period shall be made by wire transfer of funds immediately available in an account designated by Seller within 18 Days from the date of delivery of a statement for such Billing Period. (c) If either Party disputes the accuracy of a xxxx, the Parties shall use their best efforts to resolve the dispute in accordance with Section 20.1. Any adjustments which the Parties may subsequently agree to make with respect to any other applicable chargessuch billing dispute shall be made by a credit or additional charge on the next xxxx rendered. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties Parties are unable to resolve such disputethe dispute in this manner, either party may pursue any remedy available at law or amounts remaining in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies dispute disputed in good faith as of the relevant portion due date for such Billing Period or thereafter on subsequent bills for the same reason may be withheld pending final resolution of the booksdispute in accordance with Section 20.2, recordsprovided that any undisputed amount shall be promptly paid; and provided, and telephone recordings further, that amounts paid as a result of the settlement or other party only to the extent reasonably necessary to verify the accuracy resolution of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section a dispute shall be paid with interest thereon from the original due date as provided in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracySection 13.5.

Billing and Payment. 13.1 Company shall invoice Shipper as near to the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date.date.‌‌ 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx Shipper fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx Shipper shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.two

Billing and Payment. 13.1 Company shall invoice Shipper as near Billing and payment will be based on actual quantities of Ocean's Gas delivered to the 15th Delivery Point(s). Properly confirmed and changed quantities of Ocean's Baseload Gas shall be used if such actual quantities are unavailable to make payment by the 25th of the month following the month of deliveries of Ocean's Gas. Within ten (10) days of the request of either Party, the other Party shall provide, to the extent it has a legal right of access thereto and/or such statement which is then available, a copy of the applicable transporter's allocation or imbalance statement requested by the Party. Buyer shall pay Seller the full amount due in U.S. Dollars by wire transfer, Automated Clearinghouse (ACH), electronic funds transfer or other similarly expeditious means, as provided below, on or before the twenty-fifth (25th) day of each the month ("Billing Date") as is operationally feasible for transportation during immediately following the preceding delivery month and for any other applicable chargesor the first Business Day thereafter. If On the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on day of such payment Buyer will forward to Seller a statement showing the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted of Ocean's Gas delivered to the actual quantity on Delivery Point(s), the following monthprice paid for Ocean's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit Gas at each Delivery Point and the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the total amount paid and the amount disputedto Seller. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx Buyer fails to remit pay the full amount payable by it when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-then effective prime rate of interest for large U.S. Money Center commercial banks, published under "Money Rates" by The Wall Street Journal, plus one two percent (12%) per annum; annum from the date due until the date of payment, or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx . Each of the Parties, at its own expense, shall have the right, at their own expense, upon reasonable notice and at reasonable timestimes during regular business hours, to examine the books and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings records of the other party only Party to the extent reasonably necessary to verify the accuracy of any statement, payment, demand, charge, payment, or computation made under the this Agreement. All invoices Any such audit and xxxxxxxx shall any claim based upon errors in any statement must be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, made within two (2) years after of the month date of gas deliverysuch statement. All retroactive adjustments under this Section Neither Party shall have the right to perform more than two (2) such audits per calendar year. Such right to audit shall be paid available for the term of this Agreement and for two (2) years after its termination. In the event an error is discovered in full the amount in any statement rendered hereunder such error shall be rectified by payment within ten (10) days after notice of the error from the discovering Party to the other Party. In the event a dispute arises as to the amount payable in any statement rendered hereunder, the disputing Party shall provide written notice to the other Party indicating the disputed amount and the reason for such dispute. In the event a difference for volumes of Ocean's Gas delivered cannot be reconciled, payment shall be based upon the delivery volumes specified by the party owing payment within thirty delivering transporter(s) to the Delivery Point(s). For a period of ninety (3090) days following the date of notice a statement hereunder no interest shall accrue or be payable by a Party on amounts paid by Buyer which are in dispute hereunder because of the reconciliation in differences of volumes of Ocean's Gas. A payment hereunder shall not be deemed to be a waiver of the right by Buyer to recoup any overpayment, nor shall acceptance of any payment be deemed to be a waiver by Seller of any underpayment except as otherwise provided herein. Payment: Duke Energy Trading and substantiation of such inaccuracy.Marketing, L.L.C.

Billing and Payment. 13.1 Company After receiving allocation information from Pipeline each Month, CBF shall furnish Monthly to Warren an invoice Shipper as near reflecting all applicable fees and charges due and Xxxxxn shall pay to CBF the 15th day amounts due no later than (i) ten (10) Dxxx xxter Warren's receipt of each month invoice therefor, if the amount of same is fifty xxxxxxxd dollars ("Billing Date"$50,000) as or more or (ii) fifteen (15) Days after receipt of invoice therefor, if the amount of same is operationally feasible for transportation during the preceding month and for any other applicable chargesless than fifty thousand dollars ($50,000). If the actual quantity delivered Day on which any payment is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, then the relevant payment shall be due upon the immediately preceding Business Day, except if such payment due date is a Sunday or Monday, then the relevant payment shall be due upon the immediately succeeding Business Day. Any amounts which remain due and owing after the due date shall bear interest thereon at the lower of the United States Treasury 90-Day T-Bill interest rate, as published in the Wall Street Journal on the next Business fxxxx Day following that date. 13.3 such rate is quoted at the beginning of each calendar quarter, plus thirteen (13%), or the maximum lawful rate of interest (the "Base Rate"). If Shipper, in a good faith, disputes faith dispute arises as to the amount or payable in any part of such invoicestatement, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount duenot in dispute shall be paid. If Warren elects to withhold any payment otherwise due as a consequence xx x good faith dispute, it must Warren shall provide Company CBF with written notice of its reasons for withxxxxxxg payment, and, if the basis for amount of such invoice is equal to or greater than five thousand dollars ($5,000) or the total aggregate amount of all invoices in which Warren has withheld payment and is outstanding at any time is greatex xxxx or equal to twenty five thousand dollars ($25,000), Warren shall simultaneously place the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment into an escrow xxxxxnt at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journalmutually acceptable commercial bank, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies pending resolution of the relevant portion of the books, records, dispute. Warren's election to withhold payment from CBF and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx escrow same as prxxxxxx xerein shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment exercised within thirty (30) days Days from Warren's receipt of notice and substantiation the invoice giving rise to such good faith dispuxx. Xxxxr the thirty (30) Day period, Warren shall be required to pay CBF the full amount of the invoice wxxxxxx or not there is a good faith dispute as to the amount payable. If it is subsequently determined, whether by mutual agreement of the Parties or otherwise, that (i) Warren is required to pay all or any portion of the disputed amounts xx XXF or (ii) Warren is entitled to reimbursement for an invoice it paid, in additxxx xx paying such inaccuracyamounts, the Party making such payment also shall pay interest accrued on such amounts at the Base Rate from (1) the original due date until paid in full, if Warren is required to pay, or (2) the date Warren paid the disputed xxxxxxe until paid in full, if CBF is requixxx xx pay.

Billing and Payment. 13.1 Company shall invoice Shipper as near to (a) On or before the 15th twentieth (20th) day of each month ("Billing Date") as is operationally feasible for transportation following the Closing during the preceding month term of this Agreement, Subcontractor shall provide, or shall cause one or more of the Partnership Entities to provide, to the Xxxxxxxx Contractors a written invoice (collectively, the “Monthly Invoice”), setting out the total amount of compensation due for Services performed in the prior month. Items properly invoiced and for not disputed in good faith by the Xxxxxxxx Contractors shall be due and payable within fifteen (15) days following the date of such Monthly Invoice; provided, that the Xxxxxxxx Contractors shall give written notice on or before the due date of any other applicable chargesMonthly Invoice of any good faith dispute of all or any portion of such Monthly Invoice, with the particulars of such dispute, which dispute shall be resolved in the manner provided in Section 6(b) below. (b) If there is a dispute regarding the amounts shown as billed to the Xxxxxxxx Contractors on any Monthly Invoice, (i) Subcontractor shall furnish or cause to be furnished to the Xxxxxxxx Contractors such additional supporting documentation to reasonably substantiate the amounts billed and (ii) the Xxxxxxxx Contractors may withhold payment with respect to all or any portion of such invoiced amounts that the Xxxxxxxx Contractors believe in good faith are inaccurate or are otherwise not in accordance with the terms of this Agreement until resolution in accordance with the procedures set forth below in this Section 6(b); provided that the Xxxxxxxx Contractors shall pay any undisputed portion of such amount in accordance with Section 6(a). Upon delivery of such additional documentation, the parties shall cooperate and use their reasonable efforts to resolve such dispute. If they are unable to resolve their dispute within twenty (20) business days of the actual quantity delivered is not known delivery of such additional supporting documentation by Subcontractor, then the Billing Date, billing dispute shall be prepared based on referred for resolution by a firm of independent accountants of nationally recognized standing (the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then “Accounting Referee”) to be adjusted to the actual quantity on selected in the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit manner: the amount due under Section 13.1 no more than Xxxxxxxx Contractors will select three (3) candidates and deliver a written notice containing the names of such candidates to Subcontractor, and within five (5) days after receipt of Company's invoice ("Payment Date") in immediately available fundsreceiving such notice, Subcontractor will select one of such three candidates to serve as the Accounting Referee. If the Payment Date is The Accounting Referee may not a Business Daybe otherwise engaged by Xxxxxxxx or Buyer, payment is due on the next Business Day following that date. 13.3 If Shipperor their respective affiliates, in good faithconnection with the transactions contemplated under this Agreement or the Purchase Agreement and may not have performed any material services on behalf of Xxxxxxxx or Buyer, disputes or their respective affiliates, during the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until five (5) years immediately preceding the date of payment at a rate equal to this Agreement. The Accounting Referee shall determine the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies validity of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment disputed amounts within thirty (30) days of notice and substantiation the referral of such inaccuracydispute to such Accounting Referee. The determination of the Accounting Referee shall not require the Xxxxxxxx Contractors to pay more than the amount in dispute nor require Subcontractor to return any amount previously paid by the Xxxxxxxx Contractors. The determination of the Accounting Referee shall be finally binding. The fees and expenses of the Accounting Referee shall be borne (i) by the Xxxxxxxx Contractors if the difference between the amount set forth in such determination by the Accounting Referee (the “Determination Amount”) and the Xxxxxxxx Contractors’ estimation of what the invoice amount should have been (which the Xxxxxxxx Contractors shall provide to the Accounting Referee at such time the dispute is referred to such Accounting Referee) is greater than the difference between the Determination Amount and the amount set forth on the Monthly Invoice, (ii) by Subcontractor if the first such difference is less than the second such difference and (iii) otherwise equally by the Xxxxxxxx Contractors and Subcontractor; provided, if any invoice dispute is resolved in favor of the Xxxxxxxx Contractors, and the Xxxxxxxx Contractors have paid such amount, Subcontractor shall offset the amount of any overpayment against future invoices to the Xxxxxxxx Contractors; or, if there are no additional invoices to be paid, Subcontractor shall refund any amount owed within fifteen (15) days of resolution of the dispute. Such offset or refund shall be credited or paid to the Xxxxxxxx Contractors together with interest at the rate per annum equal to the rate published as the “prime rate” in The Wall Street Journal for the first business day of the month in which such invoice is paid, plus 2%, but in no event at any rate that is greater than the maximum interest rate allowed by applicable Laws (such rate, the “Interest Rate”) from the date of overpayment to Subcontractor until the date of such offset or refund. If a dispute is resolved in favor of Subcontractor, the Xxxxxxxx Contractors shall pay interest on the undisputed amount of an invoice from the due date thereof up to and including the date when such amount and interest thereon are paid in full, at the Interest Rate.

Billing and Payment. 13.1 Company shall invoice Shipper as near to 4.1 As compensation for the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known Services provided by the Billing DateChoice One, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper Skypath,Inc shall pay such amount as it concedes the recurring and non-recurring rates and charges set forth herein in Exhibit A attached hereto and/or in the Service Order. Skypath,Xxx agrees to be correct; provided, however, if Shipper disputes pay the amount due, it must provide Company with written notice of the basis appropriate recurring and non-recurring charges for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the rightServices, at their own expensethe address provided for herein, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days after the invoice date. The Parties shall provide one another with reasonably requested information for bill validation. Choice One shall invoice for all Services rendered within one hundred fifty (150) days of the scheduled billing date or shall forfeit the right to collect such charges. Choice One shall adjust any such charges from the Skypath,Inc's service charges. 4.2 Except for amounts disputed in the manner provided below, interest of one and one-half percent (1.5%) per month, may be charged on any balance not paid within thirty (30) days after the invoice date. If this interest rate exceeds the maximum rate allowable by law, then the interest chargeable shall be equal to the maximum rate allowable by law. 4.3 In the event Skypath,Inc disputes any billing by Choice One, Skypath,Inc shall notify Choice One in writing, providing the billing identification, Circuit number, any trouble ticket number and an explanation for the dispute, and shall nevertheless pay all charges not disputed in this manner within the thirty (30) day period specified above. No charges may be disputed more than thirty (30) days after the date such charges are invoiced. Payment shall not prejudice Skypath,Inc's right to dispute charges, so long as they are disputed in the manner and within the time specified in this section. The parties will cooperate in good faith to resolve any such disputes within sixty (60) days after the dispute is submitted to Choice One. If the dispute is not resolved during this period, either party may seek alternative dispute resolution in accordance with Article 23. 4.4 If Skypath,Inc does not pay undisputed invoiced charges within the thirty (30) day period specified above, Choice One may terminate Service and/or terminate the Agreement unless Skypath,Inc pays such charges within thirteen (13) days after a written termination notice is mailed to the Skypath,Inc postage pre-paid by Choice One. In addition, if Skypath,Inc does not pay undisputed invoiced charges within the thirty (30) day period specified above, Choice One may suspend the processing of any new or change orders until payment is received. 4.5 If a disputed amount is determined to be a legitimate charge, interest of one and substantiation one-half percent (1.5%) monthly may be charged on the unpaid balance from the original due date. If this interest rate exceeds the maximum rate allowable by law, then the interest chargeable shall be equal to the maximum rate allowed by law. 4.6 Monthly recurring charges shall be invoiced by Choice One on a monthly basis in advance and non-recurring charges shall be invoiced in arrears. When Service is initiated on other than the first day of such inaccuracythe month or terminates on other than the last day of the month, the charge for that month shall be determined by prorating the monthly payment by the number of days during which Service was provided.

Billing and Payment. 13.1 Company All Sections under Article IX shall invoice Shipper as near to be deleted in their entirety and replaced with the 15th following: Section 1. On or before the fifteenth(15th) day of each month ("Billing Date") as is operationally feasible for transportation Month, Seller shall render a statement to Buyer giving the total quantity of gas, expressed in Mcf, delivered and sold hereunder during the preceding month Month and for any other applicable chargesthe monies due therefor. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes Such statements are to be correct; providedrendered in accordance with this Agreement, however, if Shipper disputes and shall include any amounts due for tax reimbursement under the amount due, it must provide Company with written notice provisions of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputedthis Agreement. In the event the parties amount due Seller cannot be determined on or before the fifteenth (15th) day of the Month, Seller shall nevertheless invoice Buyer for the amounts that are unable to resolve known and/or are nominated by Buyer, and when the information is available Seller shall invoice for actual amounts (or refund any payment as necessary) as soon as practicable after such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Sectionamount is determined. 13.4 Section 2. Ten (10) days after the statement is received by Buyer, Buyer shall make payment to Seller by wire transfer per the instruction set forth in the Article titled "NOTICES". If Xxxxxxx fails Buyer disputes the amount of any statement for any reason, Buyer shall notify Seller of such dispute and shall be obligated to remit pay only the full amount payable when due, interest undisputed portion of such statement on the unpaid portion due date. Buyer shall accrue from pay the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant disputed portion of the booksstatement which is determined to be owing to Seller within fifteen (15) days after the date the dispute is resolved, recordstogether with interest on such amount at the rate set forth in Section 4 below, and telephone recordings commencing on the original due date of the other party only statement and continuing until paid. If the statement shall have been paid in full and it shall be determined that such disputed portion of the statement was paid in error, Seller shall refund such amount to Buyer, together with interest at the extent reasonably necessary rate hereinafter set forth below over the period that Seller had possession of the money, within fifteen (15) days after resolution of the dispute. Section 3. All statements, bills, computations and payments shall be subject to verify the accuracy correction of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within errors contained therein until two (2) years after date of payment, and after such period any errors found will be deemed to be waived by the affected party. Section 4. Any amounts due for gas delivered hereunder remaining unpaid after the due date for such payment shall bear interest, at the lesser of the highest lawful interest rate or the prime rate charged by Norwest Bank of Denver plus two percent (2%), until paid. Section 5. Each party shall have access to and the right to audit during regular business days and business hours, upon reasonable notice, all measurement, billing, computation and payment records maintained by the other party which relate to the gas received under this Agreement. All records will be maintained for two (2) years after payment has been made for the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by to which the party owing payment within thirty (30) days of notice and substantiation of such inaccuracyrecords pertain.

Billing and Payment. 13.1 Company (a) Payment of the Reservation Rate for the Month in which the Commencement Date occurs shall invoice Shipper as near be due on the Commencement Date. Payment of the Reservation Rate for each succeeding Month shall be due, without invoice, on the first Business Day of such Month. (b) With respect to amounts payable other than the 15th day of each month ("Billing Date") as is operationally feasible Reservation Rate, APC shall deliver to SEMCO a monthly statement for transportation Transportation services for the preceding Month, which shall detail all charges payable by SEMCO during the preceding month Month and the basis for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit calculation of the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correctdue; provided, however, if Shipper disputes that so long as the Reservation Rate and the Commodity Rate under the Special Contract have not been modified, the statement delivered by APC to ENSTAR pursuant to Article VII of the Special Contract shall satisfy the requirements of this Section 4.4.2. SEMCO shall pay APC the full amount duedue by wire transfer of immediately available funds to the account designated by APC no later than ten (10) days after SEMCO's receipt of such statement. (c) If SEMCO disagrees with any statement, it must provide Company with written notice shall promptly notify APC in writing of its disagreement and the facts providing the basis for therefore. If the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties Parties are unable to resolve agree upon a settlement of the contested portion of a statement, the dispute shall be addressed in accordance with Article VI. The existence of a dispute with regard to any portion of a payment due shall not relieve SEMCO of the obligation to pay any uncontested amounts due under this Agreement or to perform any other obligation under this Agreement. SEMCO shall pay, no later than ten (10) days after SEMCO's receipt of the statement, any disputed amount into a separate interest bearing account at First National Bank of Alaska or its successor and shall notify APC of such disputedeposit. Any interest which may accrue in such account shall be payable to the Party in whose favor the dispute is resolved, either party may pursue and any remedy available at law or in equity such interest actually paid shall reduce the interest payments required to enforce its rights be made pursuant to this SectionSection 4.4.5 accordingly. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (id) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx Each Party shall have the right, at their own expense, upon reasonable notice at reasonable times, right during normal business hours to examine and audit and to obtain copies of the relevant portion of the books, records, records and telephone recordings charts of the other party only Party to the extent reasonably necessary to verify the accuracy of any statementinvoice related to this Agreement. Claims for adjustments on account of subsequently discovered errors must be made within twelve (12) Months of the date the statement was issued. The Party discovering such an error shall promptly notify the other Party in writing of the errors believed in good faith to have occurred and the facts providing the basis for such belief. Adjustment of overpayments or underpayments shall be made within ten (10) days after resolution of such subsequently discovered errors. (e) If either Party shall fail to make any payment required by this Agreement when due, chargeincluding contested portions of bills, or if any Party makes an overpayment requiring a refund by the other Party, the amount due shall bear interest, from the due date of the payment or the date on which the overpayment was made until the date of payment, or computation made under at a rate per annum for the Agreementfirst ten (10) days equal to the rate published as the "prime rate" in The Wall Street Journal for the first Business Day of the month in which such invoice is due, plus 2%, and thereafter at a rate per annum equal to 15%, but in no event at any rate that is greater than the maximum interest rate allowed by applicable Laws. All invoices and xxxxxxxx If the due date of any payment is not a Business Day, then the next Business Day shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall last day on which payment can be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracywithout interest charges being assessed.

Billing and Payment. 13.1 Company 9.1 On or before the fifteenth (15th) day following the month in which deliveries of Gas were made hereunder, Seller shall invoice Shipper as near deliver to the 15th day of each month ("Billing Date") as is operationally feasible Buyer a statement for transportation during the preceding month properly identified as to the Delivery Point and for any other applicable chargesshowing the total volume of Gas delivered and the amount due. If the actual quantity volume delivered is not known available by the Billing Datecontractual billing date, billing shall will be prepared based on the quantity nominated by Shipper or Company’s estimateScheduled quantities. The invoiced quantity shall estimated volume will then be adjusted corrected to the actual quantity volume on the following month's ’s billing or as soon thereafter as actual delivery information is available. 13.2 Shipper 9.2 Unless a different payment method is specified in the Confirmation Notice, Buyer shall remit the full amount due under Section 13.1 no more than five in Dollars by electronic funds transfer pursuant to Seller’s invoice instructions, on or before the later of (5i) the twenty-fifth (25th) Day of the Month immediately following the delivery Month or (ii) ten (10) days after receipt of Company's the invoice ("Payment Date") in immediately available funds. If the Payment Date by Buyer; provided that if such date is not a Business Day, payment is due on the next Business Day following that dateDay. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. 9.3 In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx a Party fails to remit pay the full amount payable by it when due and absent a bona fide dispute as to whether such amount is due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate Interest Rate from the date due until the date of interest published under "Money Rates" by The Wall Street Journalpayment, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company 9.4 The Parties agree to discharge mutual debts and Xxxxxxx payment obligations due and owing to each other whether arising under this Master Agreement or any other agreement, but limited to natural gas transactions only, between the Parties through netting. Therefore, all amounts owed by one Party to the other Party during any given month arising from natural gas transactions will be netted against the amount owed by the other Party under such transactions. The Party owing the greater amount shall pay the difference to the other Party and notify the other Party of the amount netted using the invoice and payment procedures described herein. 9.5 Each of the Parties, at its own expense, shall have the right, at their own expense, upon reasonable notice and at reasonable times, to examine the books and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings records of the other party only to the extent reasonably necessary to verify the accuracy of any statement, payment, demand, charge, payment, or computation made under the any Agreement. All invoices If either Party has documentation from its Transporter(s), which is needed by the other Party in this regard, it shall provide such information upon request. Any such audit and xxxxxxxx shall any claim based upon errors in any statement must be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, made within two (2) years after of the month date of gas deliverysuch statement or last revision thereof. All retroactive adjustments under this Section Neither Party shall have the right to perform more than (2) such audits per calendar year. Such right to audit shall be paid available for the term of this Agreement and for two (2) years after its termination. 9.6 In the event an error is discovered in full the amount billed in any invoice rendered hereunder such error shall be rectified by payment within ten (10) days after notice of the discovery of the error. In the event a dispute arises as to the amount payable in any invoice rendered hereunder, Buyer shall nevertheless pay when due the amount not in dispute under such invoice, and shall provide written notice to Seller indicating the disputed amount and the reason for such dispute. In the event a difference for volumes cannot be reconciled, payment shall be based upon the receipt volumes allocated to the shipper’s transportation contract(s) with the Transporter. During this time of reconciliation, there shall be no late charges or interest imposed on the Buyer related to payment for such difference, unless interest charges are being applied by the party owing affected Transporter. Such payment within thirty (30) days shall not be deemed to be a waiver of notice and substantiation the right by Buyer to recoup any overpayment, nor shall acceptance of such inaccuracyany payment be deemed to be a waiver by Seller of any underpayment.

Billing and Payment. 13.1 Company shall invoice Shipper as near to on or before the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company shall invoice Shipper as near to the 15th day of each month ("Billing Date") as is operationally feasible for transportation during the preceding month and for any other applicable charges. If the actual quantity delivered is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, payment is due on the next Business Day following that date. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx Shipper fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the fromthe date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx Shipper shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.two

Billing and Payment. 13.1 Company After receiving allocation information from Pipeline each Month, CBF shall furnish Monthly to Amoco an invoice Shipper as near reflecting all applicable fees and charges due and Amoco shall pay to CBF the 15th day amounts due no later than (i) ten (10) Days after Amoco's receipt of each month invoice therefor, if the amount of same is fifty thousand dollars ("Billing Date"$50,000) as or more or (ii) fifteen (15) Days after receipt of invoice therefor, if the amount of same is operationally feasible for transportation during the preceding month and for any other applicable chargesless than fifty thousand dollars ($50,000). If the actual quantity delivered Day on which any payment is not known by the Billing Date, billing shall be prepared based on the quantity nominated by Shipper or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than five (5) days after receipt of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date is not a Business Day, then the relevant payment shall be due upon the immediately preceding Business Day, except if such payment due date is a Sunday or Monday, then the relevant payment shall be due upon the immediately succeeding Business Day. Any amounts which remain due and owing after the due date shall bear interest thereon at the lower of the United States Treasury 90-Day T-Bill interest rate, as published in the Wall Street Journal on the next Business fxxxx Day following that date. 13.3 such rate is quoted at the beginning of each calendar quarter, plus thirteen (13%), or the maximum lawful rate of interest (the "Base Rate"). If Shipper, in a good faith, disputes faith dispute arises as to the amount or payable in any part of such invoicestatement, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount duenot in dispute shall be paid. if Amoco elects to withhold any payment otherwise due as a consequence of a good faith dispute, it must Amoco shall provide Company CBF with written notice of its reasons for withholding payment, and, if the basis for amount of such invoice is equal to or greater than five thousand dollars ($5,000) or the total aggregate amount of all invoices in which Amoco has withheld payment and is outstanding at any time is greater than or equal to twenty five thousand dollars ($25,000), Amoco shall simultaneously place the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment into an escrow account at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journalmutually acceptable commercial bank, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies pending resolution of the relevant portion of the books, records, dispute. Amoco's election to withhold payment from CBF and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx escrow same as provided herein shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment exercised within thirty (30) days Days from Amoco's receipt of notice and substantiation the invoice giving rise to such good faith dispute. After the thirty (30) Day period, Amoco shall be required to pay CBF the full amount of the invoice whether or not there is a good faith dispute as to the amount payable. If it is subsequently determined, whether by mutual agreement of the Parties or otherwise, that (i) Amoco is required to pay all or any portion of the disputed amounts to CBF or (ii) Amoco is entitled to reimbursement for an invoice it paid, in addition to paying such inaccuracyamounts, the Party making such payment also shall pay interest accrued on such amounts at the Base Rate from (1) the original due date until paid in full, if Amoco is required to pay, or (2) the date Amoco paid the disputed invoice until paid in full, if CBF is required to pay.

Billing and Payment. 13.1 Company 9.1 The accounting period for transactions under this Agreement shall invoice Shipper as near to the 15th day of be one (1) calendar month. 9.2 After each month of service, PNM Marketing shall xxxx TNMP and TNMP shall pay PNM Marketing the amounts specified by this Agreement. 9.3 Bills shall be submitted to TNMP by PNM Marketing via facsimile transmission, e-mail or via regular mail, return receipt requested. Bills shall be due and payable when received by TNMP and shall become delinquent if payment has not been received by PNM Marketing ten ("Billing Date"10) as days from the date of receipt of the xxxx by TNMP, unless such due date falls on a non-Business Day, in which case the due date shall be the first Business Day thereafter. The date of receipt of the xxxx shall be assumed to be the date upon which PNM Marketing provided the xxxx via facsimile transmission. In the absence of such facsimile transmission, the xxxx shall be mailed return receipt requested and the date of receipt shall be the date indicated on the return receipt form. Bills which are not paid in full within ten (10) days from the date of receipt shall be paid with interest accrued at the rate specified in Section 9.4. 9.4 In the event a portion of any xxxx is operationally feasible for transportation during disputed, the preceding month and for any other applicable charges. If entire amount of the actual quantity delivered is not known xxxx shall be paid by the Billing Datedue date, billing but the disputed portion may be paid under protest. Any amounts which through inadvertent errors, or as the result of resolution of a dispute, may have been overpaid or underpaid, shall be prepared based on the quantity nominated by Shipper paid or Company’s estimate. The invoiced quantity shall then be adjusted to the actual quantity on the following month's billing or as soon thereafter as actual delivery information is available. 13.2 Shipper shall remit the amount due under Section 13.1 no more than refunded within five (5) days Business Days after receipt determination of Company's invoice ("Payment Date") in immediately available funds. If the Payment Date correct amount has been made, including interest accrued thereon at one percent 1.0% per month applied to the period from the initial due date of the xxxx to the date that the corrected payment or refund is not a Business Day, payment is due on the next Business Day following that datemade. 13.3 If Shipper9.5 Unless or until changed by TNMP, in good faithmonthly xxxxxxxx to TNMP shall be sent to: Texas-New Mexico Power Company 0000 Xxxxxxxxxxxxx Xxxxx Xx. Xxxxx, disputes the amount Xxxxx 00000 Attn.: Power Resources/Xxxx Xxxxx Facsimile No.: (000) 000-0000 9.6 Unless or any part of such invoiceuntil changed by PNM Marketing, then Shipper monthly payments to PNM Marketing shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. made by electronic transfer to: Xxxxx Fargo Bank ABA # 000-000-000 ME Whsl Pwr Dep Account # 000-00000-00 Attn.: EA-Wholesale Power Marketing 9.7 In the event the parties are unable that TNMP’s electronic transfer becomes lost or is late arriving through no fault of TNMP’s, PNM Marketing shall waive any interest charge which would otherwise have accrued due to resolve such dispute, either party may pursue lateness in payment. PNM Marketing further agrees to assist TNMP in resolving any remedy available at law or in equity to enforce its rights pursuant to this Sectionelectronic transfer problem which might arise. 13.4 If Xxxxxxx fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company and Xxxxxxx shall have the right, at their own expense, upon reasonable notice at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Agreement. All invoices and xxxxxxxx shall be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, within two (2) years after the month of gas delivery. All retroactive adjustments under this Section shall be paid in full by the party owing payment within thirty (30) days of notice and substantiation of such inaccuracy.

Billing and Payment. 13.1 Company 9.1 On or before the fifteenth (105th) day following the month in which deliveries of Gas were made hereunder, Seller shall invoice Shipper as near deliver to the 15th day of each month ("Billing Date") as is operationally feasible Buyer a statement for transportation during the preceding month properly identified as to the Delivery Point and for any other applicable chargesshowing the total volume of Gas delivered and the amount due. If the actual quantity volume delivered is not known available by the Billing Datecontractual billing date, billing shall will be prepared based on the quantity nominated by Shipper or Company’s estimateScheduled quantities. The invoiced quantity shall estimated volume will then be adjusted corrected to the actual quantity volume on the following month's ’s billing or as soon thereafter as actual delivery information is available. 13.2 Shipper 9.2 Unless a different payment method is specified in the Confirmation Notice, Buyer shall remit the full amount due under Section 13.1 no more than five in Dollars by electronic funds transfer pursuant to Seller’s invoice instructions, on or before the later of (5i) the twenty-fifth (25th) Day of the Month immediately following the delivery Month or (ii) ten (10) days after receipt of Company's the invoice ("Payment Date") in immediately available funds. If the Payment Date by Buyer; provided that if such date is not a Business Day, payment is due on the next Business Day following that dateDay. 13.3 If Shipper, in good faith, disputes the amount or any part of such invoice, then Shipper shall pay such amount as it concedes to be correct; provided, however, if Shipper disputes the amount due, it must provide Company with written notice of the basis for the disputed amount and supporting documentation acceptable in natural gas industry practice to support the amount paid and the amount disputed. 9.3 In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 13.4 If Xxxxxxx a Party fails to remit pay the full amount payable by it when due and absent a bona fide dispute as to whether such amount is due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate Interest Rate from the date due until the date of interest published under "Money Rates" by The Wall Street Journalpayment, plus one percent (1%) per annum; or (ii) the maximum applicable lawful interest rate. 13.5 Company 9.4 The Parties agree to discharge mutual debts and Xxxxxxx payment obligations due and owing to each other whether arising under this Master Agreement or any other agreement, but limited to natural gas transactions only, between the Parties through netting. Therefore, all amounts owed by one Party to the other Party during any given month arising from natural gas transactions will be netted against the amount owed by the other Party under such transactions. The Party owing the greater amount shall pay the difference to the other Party and notify the other Party of the amount netted using the invoice and payment procedures described herein. 9.5 Each of the Parties, at its own expense, shall have the right, at their own expense, upon reasonable notice and at reasonable times, to examine the books and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings records of the other party only to the extent reasonably necessary to verify the accuracy of any statement, payment, demand, charge, payment, or computation made under the any Agreement. All invoices If either Party has documentation from its Transporter(s), which is needed by the other Party in this regard, it shall provide such information upon request. Any such audit and xxxxxxxx shall any claim based upon errors in any statement must be conclusively presumed final and accurate and all associated claims for under payments or overpayments shall be deemed waived unless such invoices or xxxxxxxx are objected to in writing, with adequate explanation and/or documentation, made within two (2) years after of the month date of gas deliverysuch statement or last revision thereof. All retroactive adjustments under this Section Neither Party shall have the right to perform more than (2) such audits per calendar year. Such right to audit shall be paid available for the term of this Agreement and for two (2) years after its termination. 9.6 In the event an error is discovered in full the amount billed in any invoice rendered hereunder such error shall be rectified by payment within ten (10) days after notice of the discovery of the error. In the event a dispute arises as to the amount payable in any invoice rendered hereunder, Buyer shall nevertheless pay when due the amount not in dispute under such invoice, and shall provide written notice to Seller indicating the disputed amount and the reason for such dispute. In the event a difference for volumes cannot be reconciled, payment shall be based upon the receipt volumes allocated to the shipper’s transportation contract(s) with the Transporter. During this time of reconciliation, there shall be no late charges or interest imposed on the Buyer related to payment for such difference, unless interest charges are being applied by the party owing affected Transporter. Such payment within thirty (30) days shall not be deemed to be a waiver of notice and substantiation the right by Buyer to recoup any overpayment, nor shall acceptance of such inaccuracyany payment be deemed to be a waiver by Seller of any underpayment.