Common use of Billing and Payment Clause in Contracts

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On No later than three (3) business days following Company’s end-of-the-month meter reading date for the month of delivery, Company will provide Xxxxxx with a statement detailing the total quantities delivered by Xxxxxx into its Pool for the preceding month as well as the total metered consumption in Dekatherms for each individual Company Customer Account served by Xxxxxx. Xxxxxx is responsible for billing each of Company’s Customer(s) served from Xxxxxx’x Pool for all Gas consumed by such Customers determined pursuant to Article VII above except for unauthorized quantities or before other penalties assessed directly to a Customer by Company. Company shall continue to bill its applicable transportation and Facilities Charges directly to the fifteenth (15thCustomer. If the total quantities present in Xxxxxx’x Pool fail to cover the total accumulated usage for Company’s Customer(s) Day of each calendar served by Xxxxxx’x Pool in any month, Gatherer will render Company shall xxxx Xxxxxx for any shortage quantities pursuant to Owner a statement setting forth, the procedures described in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforArticle VIII above. Additionally, such Such statement shall set forth be furnished to Xxxxxx by Company no later than the cumulative imbalance existing at fifth (5th) business day following Company’s end-of-the-month meter reading date for the end month of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount delivery and is due and payable according to such statement on or before within ten (10) Days following days after the receipt thereof by Ownerstatement date. In the event such quantities are estimated for any period, corrected statements A bill shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as deemed delinquent when it remains unpaid after the case may be, in each instance in which due date set forth on the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderbill. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner If Xxxxxx fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any remit the full amount when the same becomes due, interest on the unpaid portion shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two of one percent (21%) per annummonth. If a Xxxxxx withholds any portion of any amount billed by Company as a disputed amount and any portion or all of the amount so withheld is determined to have been properly billed, then interest (but as set forth above) shall accrue on the withheld amount that was properly billed from the date due until the date that Company receives it. Company may terminate this Agreement when any bill becomes delinquent. If the total quantities present in Xxxxxx’x Pool exceed the total accumulated usage for the Customer(s) served from Xxxxxx’x Pool in any month, Company shall purchase such Gas pursuant to the procedures described in Article VIII above. Company shall furnish Xxxxxx with a statement identifying the quantities purchased from Xxxxxx no event greater later than the maximum rate fifth (5th) business day following Company’s end-of-the-month meter reading date for the month of interest permitted by lawdelivery and shall pay Xxxxxx no later than ten (10) with adjustments in such rate to be made on days after the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madedate.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer Houston will render to Owner Shipper a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point Receipt Points and the Equivalent Quantities quantity of Gas delivered hereunder at the Delivery Point(s) Points during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the previous Month's Metering Fee(s) due, if applicable, together with the previous Month's Scheduling Deviation and the applicable Scheduling Fee due, any Excess Imbalance existing and the applicable Imbalance Fee due, and the cumulative imbalance existing at the end of the current Month. Owner Shipper agrees to pay Gatherer Houston by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by OwnerShipper. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer Houston to Owner Shipper and paid by Owner Shipper or refunded or credited by GathererHouston, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner Shipper shall, if requested by Gatherer for good and reasonable cause Houston at any time during the term of this Agreement, provide Gatherer Houston with such payment securities as may be acceptable to GathererHouston. In the event Owner Shipper fails to promptly provide payment securities acceptable to Gatherer Houston when requested by GathererHouston, Gatherer Houston and Owner Shipper agree that Gatherer Houston may suspend its performance hereunder until such time as Owner Shipper furnishes acceptable payment securities to GathererHouston. In addition to all other remedies available to GathererHouston, should Owner Shipper fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative represen­tative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On For each Billing Cycle, Suez will deliver to Customer an invoice setting forth the charges due for the preceding Billing Cycle. Such invoice shall include the monthly charges for energy consumption and any other charges or before fees imposed pursuant to the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's the Agreement, and MMBtu'sany applicable Taxes and Utility Related Charges. Suez may, however, use estimated data for billing purposes hereunder provided that such estimates will be subject to future reconciliation upon receipt of final data regarding the total actual quantity of Gas received hereunder as measured at energy consumed for the Measurement Point and applicable Billing Cycle. Payment shall be due to Suez by check, electronic funds transfer (EFT) or any other mutually agreed upon payment method within twenty (20) days after the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end date of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event EFT is elected, Customer shall promptly provide all relevant account information and take all actions necessary to authorize and allow Suez to collect payment by such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time method during the term of this Agreement, provide Gatherer with such and payment securities as may shall be acceptable collected by Suez by making an automatic draft from Customer’s bank account. Overdue payments will accrue interest at the Interest Rate from the due date to Gathererthe date of payment, and Suez retains the right to report payment history to various credit agencies. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay If any amount when of an invoice is disputed in good faith, the same becomes due, interest entire invoice shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when due. Any disputed amounts that are ultimately determined to be owed to Customer shall be repaid by Suez with interest accrued at the amount past Interest Rate from the date payment was due through the date of re-payment to Customer. Any dispute with respect to an invoice is paidwaived unless the other Party is notified within twenty-four months after the invoice is rendered or any specific adjustment to the invoice is made. Each party hereto or its representative shall have Failure to pay an invoice timely may lead to disconnection of your electricity. Customer is hereby notified that Suez retains the right at all reasonable times to examine sell its account receivables to the books and records applicable consolidated billing utility under the terms of the other party to purchase of receivables (“POR”) program in the extent necessary to verify State of the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement If Suez elects to enroll Customer’s account in the applicable consolidated billing utility POR program, the applicable utility’s terms and conditions shall be final as supersede the terms set forth in this agreement, including but not limited to all parties unless questioned within two (2) years after payment thereof has been madeany rights to disconnect delivery service and the Section regarding Billing and Payment.

Billing and Payment. On 10.1 Billing and Payment - Marketer shall render to Company, at the address indicated in Section 15.5, on or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of month an invoice for all Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) purchased during the immediately preceding Month month according to the measurements, computations, and the amount payable thereforprices provided herein. AdditionallyInvoices may be based initially upon estimates, such statement shall set forth the cumulative imbalance existing at the end of the current Monthbut will be corrected to actuals as soon as possible. Owner Company agrees to pay Gatherer make payment under this Agreement to Marketer for its account in available funds by wire transfer (according at such location as Marketer may from time to time designate in writing; provided that the instructions set forth 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 expenses of Company, and that the terms of such agreement are incorporated in this Agreement and shall govern the applicable statement or invoice) the full amount payable according to payment and subordination of such statement on or before amounts. Payment shall be made by Company within ten (10) Days following of the date of receipt thereof by Ownerof Marketer's invoice. In If the event such quantities are estimated for invoiced amount is not paid when due, then interest on any periodunpaid amount shall accrue at the then current prime rate of interest of Chase Manhattan Bank, corrected statements shall be rendered by Gatherer N.A., not to Owner exceed any applicable maximum lawful rate, together with any court costs, reasonable attorneys' fees and paid by Owner or refunded or credited by Gatherer, as all other costs of collection which Marketer may incur in enforcing the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term 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 this Agreement without liability and without prejudice to other remedies. Notwithstanding the above, if a good faith dispute arises between the Parties over the amounts due under the invoice for any matters, then Company will pay that portion of the statement not in dispute on or before the due date and both Parties will continue to perform their obligations under this Agreement during such dispute; provided that (a) Company will be required to provide Gatherer with such in writing, within thirty (30) Days, the reasons for its dispute, (b) Company will be required to provide, within thirty (30) Days of a written request by Marketer, a good and sufficient surety bond guaranteeing payment securities as may be acceptable to Gatherer. In Marketer of any 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 Owner fails Company and Marketer are unable to promptly provide payment securities acceptable to Gatherer when requested by Gathererresolve the disputed portion of the bill within sixty (60) Days, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same matter shall be overdue, such interest submitted to be paid when arbitrxxxxn under the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records provisions of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeArticle XIII.

Billing and Payment. On or before the fifteenth 15th calendar day of each month of the Contract Term, following the Initial Delivery Date, Seller shall invoice Buyer, in arrears, for all amounts due from Buyer to Seller under this Agreement, including, as applicable, the MFP, MVP, Start-Up Payment, Gas Reimbursements, Additional Test Costs, Governmental Charges Payment, less Third Party Payments. On or before the 15th calendar day of each month of the Contract Term, following the Expected Initial Delivery Date, Buyer shall invoice Seller, in arrears, for all amounts due from Seller to Buyer (15thor credited by Buyer to Seller) Day under this Agreement, including, as applicable, Delay Damages, Gas Reimbursements, Carbon Dioxide Emissions Payments, Additional Gas Payments, Gas True-Up Payments, OFO Charges, Ancillary Service Charges and Deviation Charges, including those CAISO charges which have been charged to Buyer and not previously invoiced to Seller for which Seller is responsible for paying to Buyer pursuant to this Agreement, Failed Start Penalty, Forced Outage Compensation and Governmental Charges Payment. For the avoidance of doubt, Settlement Data from the CAISO for the Units shall be used to represent Buyer’s Schedule, as applicable, in all payment calculations performed pursuant to this Section 6.1. If Seller does not have access to this data, Buyer shall provide Seller with such data no later than five (5) Business Days after the close of each calendar month, Gatherer will render to Owner a statement setting forth. If, in terms of Mcf's and MMBtu'sany Settlement Interval, Settlement Data is unavailable, the total quantity Parties shall base Buyer’s Schedule for that Settlement Interval, if applicable, on (i) any oral or electronic record of Gas received hereunder as measured at dispatch instructions from Buyer or the Measurement Point CAISO, or if (i) is not available, then Buyer’s Schedule shall be based on (ii) ADS dispatch instructions, or if both (i) and (ii) are also not available, then Buyer’s Schedule shall be based on (iii) Delivered Energy for the Equivalent Quantities of Gas delivered hereunder at Units. In each case, invoices shall include amounts accrued under this Agreement in the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionallymonth, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according provided that to the instructions set forth extent the determination of amounts due under this Agreement are based on invoices rendered by the CAISO, Gas pipelines, LDCs, or Governmental Authorities in the applicable statement or invoice) preceding month, the full amount payable according Parties acknowledge and agree that such amounts may relate to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gathererprior calendar months, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate adjusted from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madetime.

Billing and Payment. On (a) Seller shall send a billing statement to Buyer on or before the fifteenth tenth (15th10th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at day after the end of each Billing Cycle. If any net amount is due to Seller pursuant to any such billing statement, Buyer shall pay such amount to Seller by the current Month. Owner agrees to pay Gatherer by wire transfer later of (according to the instructions set forth in the applicable statement or invoicei) the full amount payable according to such statement on or before ten (10) Business Days following after receipt of such billing statement, or (ii) the receipt thereof by Owner. In 20th day of the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance month in which the billing statement was received. If any net amount is due to Buyer pursuant to any such billing statement, Seller shall pay such amount to Buyer by the later of (i) ten (10) Business Days after receipt of such billing statement, or (ii) the 20th day of the month in which the billing statement was received. The billing statement shall show the kilowatt-hours of Delivered Energy for such Billing Cycle; the amounts due Seller for that Billing Cycle in respect of (i) the Capacity Payment and the Energy Payment, and (ii) any other amounts due to Seller hereunder; the amounts due Buyer for that Billing Cycle in respect of (iii) the Peak Adjustment Payment, and (iv) any other amounts due to Buyer hereunder; and the data reasonably pertinent to the calculation of the payments due to Seller or Buyer. If meter readings cannot be made during such Billing Cycle (or any portion thereof), the Buyer shall estimate deliveries to it for such period, tender payment accordingly, and make an adjustment for actual quantity received or delivered hereunder with respect to a Month purchases in the next Billing Cycle's statement. For purposes of billing for Replacement Capacity and Replacement Energy, the Capacity of the resources providing Replacement Capacity and Replacement Energy shall be determined in accordance with Module E of the MISO Tariff, such determination to be at variance submitted by Seller and Buyer and the Schedule(s) submitted in accordance with Section 2.4 to determine the estimated quantity theretofore made amount of Replacement Capacity and Replacement Energy supplied and delivered to Buyer. Any amounts not paid by the basis of billing due date shall be deemed delinquent and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon interest at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdueDefault Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madein full.

Billing and Payment. On Following the release of such escrow funds, the payment terms and invoicing procedures set forth in Section 7.1(b) of the Coke Purchase Agreement shall be implemented by Ispat Inland and IHCC with respect to the Coke Purchase Agreement and the Letter Agreement, and the payment terms and invoicing procedures set forth in Section 7.1(a) of the Coke Purchase Agreement thereafter shall have no further force or before effect with respect to coke sales not previously invoiced pursuant to the Coke Purchase Agreement and the Letter Agreement. In order to implement such payment terms and invoicing procedures, outstanding invoices for coke sales made pursuant to the Coke Purchase Agreement and the Letter Agreement as of the date such escrow funds are released shall be paid by Ispat Inland within three (3) business days thereafter. Moreover, if such escrow funds are released after the fifteenth (15th) Day day of each calendar the applicable month, Gatherer will render then (for that month only) on the date of such release IHCC shall transmit to Owner Ispat Inland a statement setting forthprovisional invoice for the amount of coke purchased by Ispat Inland during such month, and such amount shall be due and payable in terms immediately available funds on the last business day of Mcf's and MMBtu'sthe month during which such provisional invoice is transmitted to Ispat Inland, or three (3) business days after receipt of such provisional invoice, whichever is later. Final adjustments to such provisional invoice shall be made in accordance with Section 7.1(b) of the Coke Purchase Agreement. In addition, the total quantity of Gas received hereunder as measured at procedures by which Ispat Inland is paid for the Measurement Point and Inland Services it provides under the Equivalent Quantities of Gas delivered hereunder at Services Agreement shall be modified so that the Delivery Point(s) during payment for Inland Services provided by Ispat Inland in any month continues to be offset against the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end cost of the current MonthCoke purchased by Ispat Inland in such month. Owner agrees A provisional charge for such services, which shall be based upon Ispat Inland’s good faith estimate of the payment due by IHCC to pay Gatherer Ispat Inland under the Services Agreement, shall be made in connection with the provisional invoice submitted by wire transfer (according IHCC to Ispat Inland for the instructions applicable month in accordance with Section 7.1(b) of the Coke Purchase Agreement. Final adjustments to such provisional charge, which shall be based upon actual charges for such services payable by IHCC to Ispat Inland in accordance with the Services Agreement less the estimated charges set forth in the applicable statement or provisional invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer made contemporaneously with Inland’s submission to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records IHCC of the other party to provisional charge for the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madefollowing month.

Billing and Payment. On (a) Seller shall send a billing statement to Buyer on or before the tenth (10th) day after the end of each Billing Cycle. If any net amount is due to Seller with respect to any such billing statement, Buyer shall pay such amount to Seller within ten (10) days after receipt of such billing statement. If any net amount is due to Buyer with respect to any such billing statement, Seller shall pay such amount to Buyer on or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at day after the end of such Billing Cycle. The billing statement shall show (i) the current Month. Owner agrees megawatt-hours of Delivered Energy for such Billing Cycle as Scheduled by the Seller and confirmed by the Buyer pursuant to pay Gatherer by wire transfer Exhibit H; (according ii) the amounts due Seller for that Billing Cycle in respect of (A) the Delivered Energy Payment and (B) any other amounts due to Seller hereunder; (iii) the amounts due Buyer for that Billing Cycle in respect of (A) the Peak Adjustment Payment, if applicable, (unless Buyer makes the election provided for in Exhibit G) and (B) any other amounts due to Buyer hereunder; and (iv) the data reasonably pertinent to the instructions set forth in calculation of the applicable statement payments due to Seller or invoice) Buyer. For purposes of billing for Replacement Capacity and Replacement Energy, the full amount payable according to such statement on or before ten (10) Days following Capacity of the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner resources providing Replacement Capacity and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month Replacement Energy shall be determined in accordance with Module E, such determination to be at variance submitted by Seller to Buyer in accordance with the estimated quantity theretofore made the basis of billing Section 2.4. Any amounts due and payment hereunder. Owner shall, if requested by Gatherer for good payable and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged not paid by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than due date will be deemed delinquent and will accrue interest at the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overduePrime Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madein full.

Billing and Payment. On 7.1. Billing and Payment Seller shall send a billing statement to Buyer on or before the tenth (10th) day after the end of each Billing Cycle. If any net amount is due to Seller with respect to any such billing statement, Buyer shall pay such amount to Seller within ten (10) days after receipt of such billing statement. If any net amount is due to Buyer with respect to any such billing statement, Seller shall pay such amount to Buyer on or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at day after the end of such Billing Cycle. The billing statement shall show (i) the current Month. Owner agrees megawatt-hours of Delivered Energy for such Billing Cycle as Scheduled by the Seller and confirmed by the Buyer pursuant to pay Gatherer by wire transfer Exhibit H; (according ii) the amounts due Seller for that Billing Cycle in respect of (A) the Delivered Energy Payment and (B) any other amounts due to Seller hereunder; (iii) the amounts due Buyer for that Billing Cycle in respect of (A) the Peak Adjustment Payment, if applicable, (unless Buyer makes the election provided for in Exhibit G) and (B) any other amounts due to Buyer hereunder; and (iv) the data reasonably pertinent to the instructions set forth in calculation of the applicable statement payments due to Seller or invoice) Buyer. For purposes of billing for Replacement Capacity and Replacement Energy, the full amount payable according to such statement on or before ten (10) Days following Capacity of the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner resources providing Replacement Capacity and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month Replacement Energy shall be determined in accordance with Module E, such determination to be at variance submitted by Seller to Buyer in accordance with the estimated quantity theretofore made the basis of billing Section 2.4. Any amounts due and payment hereunder. Owner shall, if requested by Gatherer for good payable and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged not paid by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than due date will be deemed delinquent and will accrue interest at the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overduePrime Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid when in full. In the event of a dispute as to the amount past of any xxxx, the disputing Party shall notify the other Party of the amount in dispute and Buyer or Seller, as applicable, shall pay to the other Party the undisputed portion of the xxxx on or prior to the due date therefor, as identified in Section 7.1(a). Buyer or Seller, as applicable, shall pay, with an interest charge computed at the Prime Rate, from and including the date payment was due to but excluding the date payment is paidmade, any portion of the disputed amount ultimately found to be proper. Each party hereto In the event of a refund, Buyer or its representative Seller, as applicable, shall pay, with an interest charge computed at the Prime Rate, from and including the date the disputed payment was made to but excluding the date the refund payment is made, any refund amount ultimately found to be due to the other Party. Neither the Buyer nor Seller shall have the right at all reasonable times to examine the books and records challenge any billing statement rendered or received hereunder after a period of the other party to the extent necessary to verify the accuracy longer of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within (A) two (2) years from the date such statement was rendered or (B) ten (10) days after payment thereof the last MISO settlement statement for the last Operating Day included in the billing statement. In the event that any such billing statement depends in whole or in part upon estimated data, this two (2) year limitation period shall be deemed to begin on the first day of the Billing Cycle in which such estimated data is adjusted to actual. Each Party reserves to itself all rights, setoffs, counterclaims, recoupment, combination of accounts, liens and other remedies, rights and defenses which 29 such Party has been madeor may be entitled to (whether by operation of law or in equity, under contract or otherwise). The obligations of each Party to make payments under this Agreement may be offset against each other, setoff or recouped therefrom.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (1010)fifteen (15) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. If, in the reasonable opinion of Gatherer, there has been a material change in the creditworthiness, financial condition or ongoing business of Owner that may adversely affect Owner’s ability to perform hereunder, then Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On After the DATE OF COMMERCIAL OPERATION, PSE&G shall read its recording meter(s) at the COGENERATION FACILITY MONTHly to determine the amount of payment to be made to VENTURE for any MONTH in accordance with the provisions of ARTICLE IV and shall thereafter prepare and present to VENTURE, on or before the fifteenth (15th) Day last day of each calendar monththe subsequent MONTH, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer payment by wire transfer for twenty-four and two tenths percent (according 24.2%) of the NET ELECTRICAL POWER OUTPUT delivered to PSE&G during the instructions MONTH. Such statement shall indicate the total kilowatthours delivered and sold to PSE&G during the MONTH for both the ON-PEAK PERIOD and the OFF-PEAK PERIOD, the Monthly Energy Charge, the Monthly Capacity Charge and the Monthly service Charge as set forth in ARTICLE IV. If the applicable statement or invoice) payment is not received by the full amount payable according due date specified above, PSE&G shall pay to such statement VENTURE an interest charge on or before ten (10) Days following unpaid amounts which shall accrue daily from the receipt thereof by Ownerdue date until the date upon which payment is made at the then current late payment charge for commercial customers prescribed in PSE&G's Tariff for Electric Service, Standard Terms and Conditions as may be amended from time to time. In the event VENTURE disputes any statement, VENTURE shall present the dispute in writing and submit supporting documentation to PSE&G within a thirty (30) day period from receipt of such quantities are estimated for statement. Upon receipt of notice of the dispute and supporting documentation, PSE&G shall have thirty (30) days from receipt of such notice to resolve any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder dispute with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to GathererVENTURE. In the event Owner fails the dispute is not resolved within the thirty (30) day period, either PARTY may submit the matter to promptly provide arbitration for resolution in accordance with ARTICLE XVII. The disputed amount of any statement disputed by VENTURE, in accordance with the provisions of this ARTICLE V, which is ultimately determined to be due and owing by PSE&G to VENTURE, from the date originally due shall, until payment, accrue interest at the then current late payment securities acceptable to Gatherer when requested by Gatherercharge for commercial customers prescribed in PSE&G's Tariff for Electric Service, Gatherer Standard Terms and Owner agree that Gatherer Conditions as may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate be amended from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madetime.

Billing and Payment. On BROKER agrees to conduct all billing services to shippers. CARRIER shall invoice BROKER for its (CARRIER's) charges, as mutually agreed in writing, by fax, or before the fifteenth (15thby electronic means, contained in BROKER's Rate Form(s) Day of each calendar monthincorporated herein by reference. Additional rates for truckload or LTL shipments, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end or modifications or amendments of the current Month. Owner agrees above rates, or additional rates, may be established to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any periodmeet changing market conditions, corrected statements shipper requirements, BROKER requirements, and/or specific shipping schedules as mutually agreed upon, and shall be confirmed in writing (or by fax) by both Parties. The Parties agree that BROKER is the sole Party responsible for payment of CARRIER's charges. CARRIER waives any and all claims CARRIER may subsequently have against the Shipper or Shipper’s customer for payment of charges for services rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment CARRIER hereunder. Owner shallThis undertaking by CARRIER shall survive the termination of this Agreement. Compensation paid to CARRIER under this Agreement may be withheld in whole or in part by BROKER, if requested or any of its subsidiaries or related companies, to satisfy claims or shortages arising out of this or any other Agreement with CARRIER, or to satisfy advances made to, or on behalf of CARRIER, or to satisfy any debt owed by Gatherer for good and reasonable cause at CARRIER to BROKER or any time during of its subsidiaries or related companies. Provided CARRIER is not in default under the term terms of this Agreement, provide Gatherer with such payment securities as may be acceptable and subject to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer4(B)(iii), Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail BROKER agrees to pay any amount when CARRIER's invoice within thirty (30) days of receipt of the same becomes duexxxx of lading or proof of delivery. Upon CARRIER’s acceptance of payment for a load, interest shall accrue thereon at a rate equal CARRIER agrees to waive all rights and remedies it has or may have against BROKER under 49 C.F.R. part 371 with regard to that particular load. Payment and other disputes are subject to the prime rate from time terms of paragraph 7.D, which provides in part that prevailing parties are entitled to time in effect recovery of costs, expenses and charged reasonable attorney fees. BROKER reserves the right to reduce compensation to CARRIER by the Citibankactual amount of additional cost incurred by BROKER when BROKER must arrange alternative transportation services to replace services promised, N.A.but not provided, New York, New York, plus two percent due to CARRIER’s negligence. BOND: BROKER shall maintain a surety bond on file with the Federal Motor Carrier Safety Administration (2%FMCSA) per annum, (but in no event greater the form and amount not less than the maximum rate of interest permitted that required by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paidthat agency's regulations. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.CARRIER RESPONSIBILITIES:

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current MonthMonth and any applicable cashout. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In If Owner is in default on payment of any amount due hereunder for a period of fifteen (15) Days, then upon ten (10) Days written notice, in addition to all its other remedies available rights and remedies, Gatherer may at its election suspend Gathering Services and/or terminate this Agreement, unless Owner pays the amount in default within the aforesaid ten-Day notice period. Any termination of this Agreement shall be without waiver of or prejudice to Gatherer, should Owner fail any remedy to pay any amount when which Gatherer may be entitled pursuant to this Agreement or under applicable law. Gatherer shall have the same becomes due, right to charge interest shall accrue thereon on past due amounts at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each Upon execution of the other party’s confidentiality agreement, each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On 11.1 Billing and Payment - Seller shall render to Buyer, at the ------------------- address indicated in Section 15.5 hereof, on or before the fifteenth (15th) Day day of each calendar monthmonth by certified, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) registered or overnight mail an invoice for all gas purchased during the immediately preceding Month month according to the measurements, computations, and the amount payable thereforprices provided herein. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner Buyer agrees to pay Gatherer make payment hereunder to Seller for its account in available funds by wire transfer or by mail at such location as Seller may from time to time designate in writing. Payment shall be made by Buyer within the later of (according to the instructions set forth in the applicable statement or invoicea) the full amount payable according to such statement on twenty-fifth (25th) of the month or before (b) ten (10) Days following days of the date of receipt thereof by Owner. In the event such quantities are estimated for any periodof Seller's invoice; provided that if Tennessee's billing schedule changes in either of their tariffs, corrected statements shall be rendered by Gatherer then Buyer will pay Seller on an earlier date to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance coincide with the estimated quantity theretofore made earlier of when payments are due to Tennessee under the basis Firm Transportation Contracts. If the invoiced amount is not paid when due, then interest on any unpaid amount shall accrue at the then current prime rate of billing interest as published under "Money Rates" by the Wall Street Journal, not to exceed any applicable maximum lawful rate together with any court costs, attorney's fees and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during all other costs of collection which Seller may incur in enforcing the term terms of this Agreement. If such default continues for thirty (30) days after written notice from Seller to Buyer, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer Seller may suspend its performance gas deliveries hereunder until such time as Owner furnishes acceptable payment securities without liability and without prejudice to Gathererother remedies. In addition to all other remedies available to GathererNotwithstanding the above, should Owner fail to pay any amount when if a good faith dispute arises between the same becomes due, interest shall accrue thereon at a rate equal to Parties over the prime rate from time to time in effect and charged by amounts due under the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, invoice for any period matters, other than any reimbursement for the demand or reservation charges under the Firm Transportation and Storage Contracts, then Buyer will pay that portion of the statement not in dispute on or before the due date and both Parties will continue to perform their obligations under this Agreement during which the same shall such dispute; provided that Buyer will be overduerequired to provide, such interest within 30 days of a written request by Seller, a good and sufficient surety bond guaranteeing payment to be paid when Seller of the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeultimately found due.

Billing and Payment. On or before (a) The monthly billing period shall be the fifteenth calendar month. No later than fifteen (15th15) Day calendar days after the end of each calendar monthmonth (commencing with the calendar month following the calendar month in which the Effective Completion Date of the Facility occurs), Gatherer will render Seller shall prepare, and provide to Owner a statement setting forthPurchaser, in the Monthly Report Pursuant to Section 6.4(b) showing Energy Output and an invoice for any amounts due from Purchaser to Seller under the terms of Mcf's this REPA, for the previous calendar month billing period. The Report and MMBtu's, invoice shall be sent to the address specified in Section 15.2. The invoice shall include: (i) The Energy sales from Seller to Purchaser during the billed month. (ii) The Payment Rate for the current Contract Year pursuant to Exhibit H; (iii) The Energy Charge for the billed Month; (iv) Sales Taxes if any; (v) Reimbursable other Taxes if applicable; (vi) Any other sums then due and payable by Purchaser to Seller under this REPA; (vii) Deemed Generation Charge if applicable pursuant to Exhibit H; (viii) The total quantity of Gas received hereunder as measured sum payable by Purchaser. (b) All billing data based on metered Energy Output delivered at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements Purchaser shall be rendered collected by Gatherer the Billing Metering System in accordance with Article 8 (Metering). (c) Purchaser shall be entitled to Owner and paid submit invoices to Seller in respect of any payments due by Owner Seller to Purchaser under this REPA. All such invoices shall show intermediate calculations in reasonable detail. (d) Payments due Seller or refunded or credited by GathererPurchaser, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined due and payable by electronic funds transfer, or by wire transfer to an account that is held and specified by the other Party (or by any other specific alternative payment procedures as designated by both Parties), on or before the thirtieth (30th) calendar day following owing Party’s receipt of owed Party’s proper billing invoice. If the amount due is not paid on or before the due date, a late payment charge shall be applied to the unpaid balance and shall be added to the next invoice. Such late payment charge shall be calculated based on an annual interest rate of [agreed escalation index in letters] percent ([agreed escalation index in number] %) calculated daily and effective from the due date until the date of actual payment. Any such charges for interest shall be calculated by the paying Party and included with payment of the following invoice without the need for an additional invoice for those amounts. (e) If there is an event of default, breach, or other failure to perform for which this REPA specifies payment of amounts as Liquidated Damages or otherwise, the Party to be at variance with the estimated quantity theretofore made the basis of billing compensated shall prepare and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal deliver to the prime rate from time to time in effect and charged by other Party a special invoice that shows the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy calculation of any statement, charge, computation or demand made under or amounts due pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeREPA, specifies the provisions applied, and details the periods of delay or other factors on which the claim is based.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer Houston will render to Owner Xxxxxxx a statement setting forth, in terms of McfXxx's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point Receipt Points and the Equivalent Quantities quantity of Gas delivered hereunder at the Delivery Point(s) Points during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the previous Month's Metering Fee(s) due, if applicable, together with the previous Month's Scheduling Deviation and the applicable Scheduling Fee due, any Excess Imbalance existing and the applicable Imbalance Fee due, and the cumulative imbalance existing at the end of the current Month. Owner Xxxxxxx agrees to pay Gatherer Houston by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by OwnerXxxxxxx. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer Houston to Owner Shipper and paid by Owner Xxxxxxx or refunded or credited by GathererHouston, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner Shipper shall, if requested by Gatherer for good and reasonable cause Houston at any time during the term of this Agreement, provide Gatherer Houston with such payment securities as may be acceptable to GathererHouston. In the event Owner Xxxxxxx fails to promptly provide payment securities acceptable to Gatherer Houston when requested by GathererHouston, Gatherer Houston and Owner Xxxxxxx agree that Gatherer Houston may suspend its performance hereunder until such time as Owner Shipper furnishes acceptable payment securities to GathererHouston. In addition to all other remedies available to GathererHouston, should Owner Shipper fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative represen­tative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.. [Assume this will be affected by Enron On-line's payment procedures/structure/guidelines?]

Billing and Payment. On or before As compensation for the fifteenth (15th) Day of each calendar monthService provide by Carrier, Gatherer will render to Owner a statement setting forth, Customer shall pay in terms of Mcf's U.S. dollars the recurring and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point non-recurring rates and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions charges set forth in the ASR, together with any supplemental charges (such as for changes to the requested start date, design changes and expedites) and any applicable statement or invoice) Taxes and Additional Charges as defined in Section 15, below (collectively, the full amount payable according to such statement "Charges'). Such Charges shall be invoiced monthly in advance, commencing on or before ten (10) Days the first day of the month following the receipt thereof by OwnerService Date and on the same day of the month for each month thereafter. In Charges shall begin accruing on the event Service Date and on the same day of the month for each month thereafter. Charges shall begin accruing on the Service Date. The initial invoice also shall include Charges for Service accrued prior to the commencement of billing. Payment for such quantities are estimated for any period, corrected statements Charges shall be rendered due within thirty (30) days of the invoice date ("Payment Due Date"). If payment is not received by Gatherer to Owner and paid by Owner or refunded or credited by Gathererthe Payment Due Date, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month Customer shall be considered delinquent and the delinquent balance due shall be subject to interest charges at the rate of the lesser of one and one-half percent (1 1/2 %) per month or the highest amount permitted by law, until paid in full. If Customer in good faith disputes any charges, it shall timely pay all undisputed charges, and also within thirty (30) days of the invoice date give Carrier written notice of the disputed amount(s) and written documentation of the reason(s) therefor or any such disputes shall be deemed waived. Any disputed amounts that are determined by Carrier to be at variance in error or not in compliance with this Agreement will be adjusted as a credit on the estimated quantity theretofore made the basis of billing next month's invoice following such determination. Any disputed amounts that in good faith and payment hereunder. Owner shall, if requested supported by Gatherer for good reasonable documentation are deemed by Carrier to be correct as billed and reasonable cause at any time during the term of in compliance with this Agreement, provide Gatherer will be due and payable by Customer, upon notification and demand by Carrier, along with such the late payment securities as may be acceptable interest charges accrued from the Payment Due Date. Customer shall pay to Gatherer. In Carrier all costs, including, but not limited to, legal fees, court costs and the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy fees of any statementcollection agency, charge, computation or demand made incurred by Carrier in exercising its rights under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On Billing and payment will be based on actual quantities of Ocean's Gas delivered to the 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 fifteenth twenty-fifth (15th25th) day of the month immediately following the delivery month or the first Business Day thereafter. On the day of each calendar month, Gatherer such payment Buyer will render forward to Owner Seller a statement setting forth, in terms showing the quantity of McfOcean's and MMBtu'sGas delivered to the Delivery Point(s), the total quantity of price paid for Ocean's Gas received hereunder as measured at the Measurement each Delivery Point and the Equivalent Quantities of Gas delivered hereunder at total amount paid to Seller. In the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees event Buyer fails to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer it when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest on the unpaid portion shall accrue thereon from the date due until the date of payment at a rate equal to the lower of (i) the then effective prime rate from time to time in effect and charged of interest for large U.S. Money Center commercial banks, published under "Money Rates" by the Citibank, N.A., New York, New YorkThe Wall Street Journal, plus two percent (2%) per annumannum from the date due until the date of payment, or (but in no event greater than ii) the maximum rate of applicable lawful interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or of the Parties, at its representative own expense, shall have the right right, upon reasonable notice and at all reasonable times during regular business hours, to examine the books and records of the other party Party to the extent reasonably necessary to verify the accuracy of any statement, payment, demand, charge, or computation or demand made under or pursuant to this Agreement. Any such audit and any claim based upon errors in any statement shall must be final as to all parties unless questioned made within two (2) years of the date of such statement. Neither Party shall have the right to perform more than two (2) such audits per calendar year. Such right to audit shall be available for the term of this Agreement and for two (2) years after its termination. In the event an error is discovered in the amount in any statement rendered hereunder such error shall be rectified by payment thereof has been made.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 delivering transporter(s) to the Delivery Point(s). For a period of ninety (90) days following the date of 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 Marketing, L.L.C.

Billing and Payment. On Recipient will promptly pay any and all bills and invoices that it receives from Provider or before its Affiliates for the fifteenth Transition Services (15th) Day of each calendar monthand, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu'sthe extent agreed upon pursuant to Section 4.01, the total quantity of Gas received hereunder as measured at the Measurement Point Separation and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(sSet-Up Cost incurred on Recipient’s behalf) during the immediately preceding Month in accordance with this Agreement, subject to receiving, if requested, any appropriate support documentation for such bills and the amount payable thereforinvoices. Additionally, such statement shall set forth the cumulative imbalance existing Such charges will be billed at the end of each calendar month during the current MonthTransition Period. Owner agrees to pay Gatherer Each billing invoice will set forth in reasonable detail the applicable Transition Services provided (and Separation and Set-Up Costs incurred) during such period and the corresponding amounts owed for such Transition Services (and, as applicable, Separation and Set-Up Costs) and, in the case of Third Party Pass-Thru Charges or Reimbursement Charges, a copy of the underlying invoice or other documentation evidencing the payment made on Recipient’s behalf. All charges will be in U.S. dollars unless otherwise mutually agreed in writing. All invoices will be due and payable not later than thirty (30) days following receipt by Recipient of Provider’s invoice by wire transfer (according to in accordance with the instructions set forth provided by Provider (in the applicable statement writing to Recipient). Recipient will not offset any amounts payable by it hereunder against any amounts owed to it by Provider or invoice) any of Provider’s Affiliates hereunder or under any other Transaction Document. If Recipient fails to pay the full amount payable according to of any invoice within 30 days of the relevant payment date and the aggregate amount of such statement on or before ten (10) Days following the receipt thereof by Owner. In the event unpaid invoices exceeds $50,000, such quantities are estimated for any period, corrected statements shall failure will be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to considered a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term material breach of this Agreement and any applicable Supplemental Agreement (except to the extent of any invoiced amounts disputed by Recipient in good faith). If Provider provides Recipient with written notice of such material breach and Recipient in bad faith refuses to pay such unpaid invoices within 10 days of Recipient’s receipt of such written notice, Provider may, without liability (and without effect on any obligation of Recipient to provide services to Provider hereunder or under any Supplemental Agreement), provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance obligations hereunder and under any Supplemental Agreements to provide any and all services to Recipient until such time as Owner furnishes acceptable payment securities to Gatherersuch invoices have been paid in full. In addition to all other remedies available to GathererShould Recipient dispute any portion of any invoice, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time Recipient will promptly notify Provider in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records writing of the other party to nature and basis of the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madedispute.

Billing and Payment. On The electric supply services you purchase from Sunwave under this Agreement will either be included in your Utility monthly xxxx (“Consolidated Billing”), along with the Utility’s delivery charges, any other Utility charges and state and local taxes, or before you will be Dual Billed, at Sunwave’s discretion, and sent a separate xxxx from Sunwave, for its charges to supply your electricity and the fifteenth applicable portion of state and local taxes (15th) Day “Dual Billing”), and a separate xxxx from your Utility for its charges and the applicable portion of each calendar monthstate and local taxes. If billed via Consolidated Billing, Gatherer your payment will render be due to Owner a statement setting forththe Utility by the date specified in the xxxx. If you do not pay your xxxx in full by the due date, you will be subject to the Utility’s late payment policies and procedures, including imposition of late fees, interest and other charges as described in terms of Mcf's and MMBtu'sthe Utility’s filed tariff(s). If Dual Billed, the total quantity of Gas received hereunder you may also be liable for cost recovery fees if Sunwave must terminate your account for failure to pay. If billed via Dual Billing, Sunwave will invoice you monthly for electricity supplied under this Agreement, as measured at by the Measurement Point Utility. Sunwave may require a deposit in which case Sunwave will provide you with a writing containing the amount of the deposit required and the Equivalent Quantities basis for the amount. If the deposit is paid, interest on any cash (or cash-equivalent) deposit held for more than six (6) months shall be applied in accordance with applicable law. Sunwave shall have the right to set off and net against any undisputed amounts owed by you under this Agreement, and Sunwave shall additionally have the right to setoff and net against any deposit provided by you pursuant to this Agreement, any amounts, charge or damages owed by you to Sunwave. Customer shall pay each invoice in full within 10 days of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and invoice date or be subject to a late payment charge in the amount payable therefor. Additionallyof 1.5% per month or the highest amount permissible under applicable law, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Ownerwhichever is less. In the event such quantities are estimated of failure to pay for any periodtimely invoiced services rendered, corrected statements Customer shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gathererliable for all costs of collection including the late payment charge set forth in this Agreement, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, reasonable attorneys’ fees (if requested by Gatherer for good suit is filed) and reasonable cause at any time collection agency fees. A $35 fee will be charged for all returned payments. Sunwave may also assess, during the term of the Agreement, processing and/or administrative fees to Customer as a separate line item on the xxxx if Dual Billing, to be capped at $50 if charged. Sunwave has the option to change customer’s billing preference from Consolidated Billing to Dual Billing upon 30 days delinquency with no prior notice. Customer shall make all payments due to the appropriate deposit account, subject to change upon notice to Customer. If you make a payment less than the amount due Sunwave may accept such payment without prejudice to any other rights or remedies that Sunwave may have against you and Sunwave may apply it to your account as a partial payment. In addition, if you fail to remit payment in a timely fashion, you authorize Sunwave to report the delinquency to one or more credit reporting agencies. You agree to accept the measurements as determined by the Utility for purposes of determining your electricity usage. If the Utility is unable to read your meter, the Utility or Sunwave will estimate your usage and your charges will be calculated accordingly and adjusted on a future xxxx. Sunwave reserves the right to include or cause to be included in any subsequent xxxx, adjustments to the charges for electric generation service related to previous xxxxxxxx, previous billing errors, meter read errors, miscalculation of taxes or other errors or omissions, whether such bills are issued by your Utility or by Sunwave. Your Utility’s current standard service rate is [rate] which is effective until [end date]. [Your Utility’s standard service rate from [next rate period] will be [new rate]]. By enrolling for electric supply with Sunwave, you do not pay this standard service rate. In addition to the price for your electric supply service, you will continue to pay your Utility for delivery service. You do not avoid these delivery service charges by enrolling with Sunwave. Please contact your Utility for additional information about their delivery charges. Change in Usage and On-site Generation: You hereby represent and warrant that any and all renewable energy or net metering at your home and/or with respect to any account location set forth in this Agreement has been disclosed to Sunwave in writing and accounted for, and you covenant and agree to promptly notify Sunwave if, subsequent to the effective date hereof, you add, remove, increase or decrease renewable energy or net metering at your home and/or with respect to any account location set forth in this Agreement, provide Gatherer with such payment securities as may be acceptable . You further represent and warrant that your electric requirements for your home and each of the accounts set forth in this Agreement shall not increase or decrease sufficiently to Gatherertrigger a utility rate classification change. In the event Owner fails of such a change, Sunwave may charge the Fixed Xxxxx, xxxx you for any increased costs to promptly serve your account or terminate the Agreement without penalty. Notices and Account Authorization: To the extent permitted by applicable law, notices and correspondence from Sunwave will be delivered to you via your preferred communication method. You authorize Sunwave to rely upon information and instructions you provide or that are provided to Sunwave by an individual with apparent authority to do so. Customer Authorization: You authorize Sunwave to obtain consumption, billing, and payment securities acceptable to Gatherer when requested by Gathererinformation from your Utility, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gathererincluding historical usage information. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time This authorization will remain in effect and charged by during the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate Term of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall If you have utilized an agent or broker in connection with the contracting of your electricity purchases from Sunwave, you authorize Sunwave to disclose information pertaining to your account to your agent or broker pursuant to any Letter of Authorization as may be final as required. If you wish to all parties unless questioned within two (2) years restrict access to your information you may contact Sunwave at 855-478- 6928, at XxxxxxxxXxxxxxx@xxxxxxxxx.xxx, or by sending Sunwave a written request to the address provided below and on Page 1 of this Agreement. Dispute Resolution: Please contact your Utility for billing disputes and Sunwave for terms of service disputes. If the issue is not resolved to your satisfaction after payment thereof has been madespeaking with the Utility or Sunwave, an informal complaint may be filed with PURA via the contact information listed on Page 1 of this Agreement.

Billing and Payment. On or before the fifteenth (15th) Day Provider shall perform all billing tasks except for actual submission of each calendar monthclaims to Payors, Gatherer will render to Owner including, without limitation, acquiring pre-authorization for such services if pre-authorization is required by a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforPayor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according Except to the instructions extent other required under the Payor Agreement, Provider shall submit completed Clean Claims to LIBERTY IPA, and not to a Payor directly. In order to meet this requirement, Provider shall provide to LIBERTY IPA an accurate and detailed description of all Covered Services rendered to Members by completing either (i) an electronic data interchange (EDI) submission in accordance with the Provider Manual, or an American Dental Association (ADA) claim form. Provider shall submit claims to LIBERTY IPA within the claim submission time frame required by applicable law.. Provider hereby acknowledges and agrees that it will submit all claims via LIBERTY IPA’s billing system and software; provided, however, LIBERTY IPA reserves the right to change the procedure as it deems appropriate or efficient. Provider shall comply with all applicable Clean Claim requirements, as more fully set forth in the Provider Manual. Provider’s failure to submit a Clean Claim, subject to the claim correction and resubmission procedures set forth in the Provider Manual and applicable statement law, forfeits Provider’s right to payment on that claim unless the failure was the result of a catastrophic event, as determined by LIBERTY IPA, that substantially interfered with the Provider’s normal business operations. LIBERTY IPA shall not be responsible for the performance of billing tasks, except that it shall submit to the Payor claims provided by Provider that are considered Clean Claims, as set forth herein. LIBERTY IPA may, but shall not be obligated to, submit claims to Payors, or invoice) the full amount payable according to such statement on pay Provider, for Covered Services that Payor required pre- authorization or before ten (10) Days following the receipt thereof by Ownerreferral, and where Provider did not appropriately meet Payor requirements. In the event such quantities are estimated for any periodthat LIBERTY IPA and/or Payor makes an incorrect payment or an overpayment, corrected statements shall be rendered by Gatherer or in the event that a Payor requires LIBERTY IPA to Owner and refund certain amounts already paid by Owner or refunded or credited by GathererLIBERTY IPA to Provider for Covered Services provided, as the case may be, in each instance in Provider hereby agrees to refund and/or reimburse such amounts (less any fees) to LIBERTY IPA within thirty (30) business days of receipt of notice (which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as notice may be acceptable to Gatherermade via email) from LIBERTY IPA. In the event Owner If Provider fails to promptly provide payment securities acceptable to Gatherer when requested by Gathererrefund or reimburse such amounts, Gatherer and Owner agree that Gatherer LIBERTY IPA may suspend its performance hereunder withhold any further payments until Provider shall make such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto refund or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madereimbursement.

Billing and Payment. On 9.1 By the tenth (10th) day of each Month, MarkWest shall render to CITGO an invoice including backup documentation supporting the calculation of price and volume for the amount of Hydrogen purchased during the preceding Month and delivered in accordance with this Agreement. Payment therefore shall be made by (i) electronic funds transfer or automated clearinghouse (preferably CTX or CCD+ with faxed information), or (ii) wire transfer. Such payment must be received on or before the fifteenth (15th) 20th Day of each calendar monththe Month in which such billing is rendered ("Due Date"). CITGO shall be responsible for and timely pay any and all taxes levied on the Hydrogen sold to CITGO hereunder, Gatherer will render to Owner except for MarkWest's income, franchise and/or property taxes and/or any new or additional taxes enacted in lieu of the aforementioned taxes. If CITGO, acting in good faith, disputes any invoiced amount, CITGO shall timely pay the undisputed amount. If a statement setting forth, Party discovers or is advised of any errors in terms of Mcf's and MMBtu'sany invoice, the total quantity Parties will promptly meet to review such errors in good faith and will take such prompt corrective actions as they may agree to. Upon resolution of Gas received hereunder as measured such dispute by the Parties, any previously unpaid and due amount will be promptly paid together with interest at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by GathererDefault Rate, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderdefined below. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest Late payments shall accrue thereon interest at a rate equal to the prime rate "Prime Rate", as published, from time to time in effect and charged time, by the CitibankWall Street Journal, N.A., New York, New Yorkunder "Money Rates", plus two percent 2% (2%) per annum"Default Rate"), (but in no event greater than from the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is date until paid. Each party hereto or its representative In addition, should CITGO be more than thirty (30) Days late in making any payment of undisputed amounts, MarkWest shall have the right at all reasonable times to examine the books and records cease deliveries of Hydrogen hereunder with five (5) calendar Days prior notice. Such cessation of deliveries, however, shall not relieve CITGO from its obligations for payment of the other party to the extent necessary to verify the accuracy of any statementBase Service Charge, charge, computation or demand made under or pursuant to except as otherwise provided in this Agreement; provided, however, CITGO shall not be entitled to exercise any rights and remedies under Sections 7.7, 7.8 and 11.3 for such cessation. Any statement All invoices under this Agreement shall be final as rendered to all parties unless questioned within two (2) years after payment thereof has been made.CITGO at the following address in accordance with Article XIV: CITGO Refining and Chemicals Company L.P. Attn: Accounts Payable P. O. Xxx 0000 Xxxxxx Xxxxxxx, XX 00000

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten fifteen (1015) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. If Owner disputes any invoiced amount, it shall promptly notify Gatherer and the parties shall promptly resolve such dispute prior to the due date of the invoiced amount. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount not in dispute when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On General From the Commercial Operation Date, CEB shall pay to Seller the Monthly Energy Charge on or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forthDue Date, in terms accordance with this Article 13 and Schedule I. All Tariff Payments by CEB shall be in MUR. Billing Provision Seller Invoices Seller shall issue to CEB a signed Monthly Invoice / Supplementary Invoice for the billing period of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end month (“Seller Invoice”) not later than 7 (seven) Business Days of the current next Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements The Tariff payment under this Agreement shall be rendered invoiced by Gatherer to Owner Seller and shall be paid by Owner or refunded or credited by GathererCEB in accordance with the following provisions. Seller shall submit the Seller Invoice to CEB, as which shall include: Energy calculations for the case may berelevant period; Seller’s computation of various components of the Monthly Invoice in accordance with this Agreement; and supporting data, documents and calculations in each instance in which the actual quantity received or delivered hereunder accordance with respect this Agreement. The Seller Invoice billed to a Month CEB shall be determined to be at variance in accordance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term provisions of this Agreement. If for certain reasons some of the charges which otherwise are in accordance with this Agreement, provide Gatherer with cannot be included in the main Seller Invoice, such payment securities charges shall be invoiced as may soon as possible through Supplementary Invoice(s). The Invoice(s) of Seller shall be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal paid in full subject to the prime rate from time to time condition that: there is no apparent arithmetical error in effect the Invoice(s); and charged by the Citibank, N.A., New York, New York, plus two percent Invoice (2%s) is/are claimed as per annum, (but the Tariff in no event greater than the maximum rate of interest permitted by law) accordance with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement If CEB disputes any amount, it shall pay according to Clause 13.5.8 and file a written objection with Seller within 15 (fifteen) Business Days of presentation of the Invoice, giving following particulars: item disputed, with full details / data and reasons of Dispute; and amount disputed against each item. All amounts payable under this Agreement are exclusive of VAT. If VAT is or will be final as imposed on any service or supply, which is the subject of a Seller Invoice, Seller may invoice CEB for that additional amount. CEB Invoices CEB may deliver to all parties unless questioned within two Seller a signed Monthly Invoice or any other Invoice, including a Supplementary Invoice for any payments due by Seller to CEB under this Agreement (2“CEB Invoice”) years after payment thereof has been madeAll amounts payable under this Agreement are exclusive of VAT. If VAT is or will be imposed on any service or supply, which is the subject of a CEB Invoice, CEB may invoice Seller for that additional amount.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten fifteen (101015) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount not in dispute when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On The GC/CM shall invoice the Owner on a monthly basis for all work and all chargeable costs performed or before incurred in the fifteenth (15th) Day of each calendar prior month, Gatherer will render to Owner . Each invoice shall include a statement setting forth, in terms of Mcf's and MMBtu's, detailed Progress Report for the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) services provided during the immediately preceding Month billing period and is to be itemized by subtask per the amount payable thereforpreconstruction service summary of work. Additionally, such statement each invoice shall set forth consist of consisting of a the cumulative imbalance existing at month’s activities, identification of high risk issues (i.e. constructability, budget impacts, and schedule impacts), current project schedule, six-week look ahead and current budget (see Exhibit A Subtask XXX). All expenses associated with performing the end Work of this Contract shall be presumed to be covered in the subtasks of the current MonthPreconstruction Summary of Work attached to this Contract and therefore covered in the cost stated on page 1 of this Contract. Additional expenses the GCCM may feel are not covered in the Preconstruction Summary of Work must be negotiated and approved by the Owner agrees prior to pay Gatherer incurring the expense. Monthly progress payment approval will be contingent upon receipt of WMBE Activity Log report (Attachment X) and WMBE payment online report (xxxxx://xxxx0.xxxxxxx.xxx/fas/cid/Login.aspx) Invoices shall be submitted to: Department Contact Invoices under this Preconstruction Contract shall clearly display the following information (sub-consultants' invoices shall also include this information): INVOICE DATE and NUMBER The Project Manager: XXXXX (Please do not put PM’s name in the address portion of the invoice) Department Contract No. XXXXXXX Project title: XXXXXXX Project Preconstruction Contract Period covered by wire transfer the invoice Task # and title Employee's name and classification Employee's Preconstruction Labor Rate and # of hours worked Total labor costs per task Itemization of direct, non-salary costs (according per task, if so allocated) Subcontractor payments - total amount paid to each that period (attach their invoices for detail) Cumulative costs per task and for the total project Invoices will be checked by the City and payment to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by OwnerGC/CM will be made within 30 days after accurate billing and back-up documentation are received. In the event such quantities are estimated for any period, corrected statements No payment shall be rendered by Gatherer made for work performed prior to Owner authorization to begin work. The GC/CM agrees that the payment provided in this Section shall fully and paid by Owner adequately compensate the GC/CM and all subcontractors for all profits, costs, expenses, losses, liabilities, damage, taxes, and charges of any kind whatsoever (whether foreseen or refunded or credited by Gatherer, as unforeseen) attributable to the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term termination of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On After the DATE OF INITIAL OPERATION, PSE&G shall read its electricity recording meter(s) at the SUBSTATION FACILITY monthly in connection with making a determination of the charges to be billed to O'BRIEN for any MONTH in accordance with the provision of Article X and shall thereafter prepare and present to O'BRIEN, on or before the fifteenth tenth (15th10th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end day of the current MonthMONTH, a BILLING STATEMENT for payment. Owner agrees to O'BRIEN shall pay Gatherer each BILLING STATEMENT within thirty (30) days from the date of receipt but not later than the tenth (10th) day of the succeeding MONTH. If presentation of a BILLING STATEMENT is delayed by wire transfer PSE&G and/or is received by O'BRIEN after the tenth (according 10th) day of the MONTH, then the time for payment shall be extended for a period of time equivalent to the instructions set forth delay, provided however, O'BRIEN shall be obligated to establish any delay in the receipt of any BILLING STATEMENT by appropriate documentation. The BILLING STATEMENT shall contain a breakdown of the applicable statement or invoice) charge components billed to O'BRIEN in accordance with the full amount payable according provisions of Article X. O'BRIEN shall remit payment to such statement PSE&G for any BILLING STATEMENT to the PSE&G department designated on or before ten (10) Days following the receipt thereof by OwnerBILLING STATEMENT. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner O'BRIEN fails to promptly provide payment securities acceptable to Gatherer pay the entire amount of any BILLING STATEMENT when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes is due, interest shall accrue thereon on the unpaid portion of such BILLING STATEMENT, from the due date to the date of payment, which interest shall accrue at a rate per annum equal to three percent (3%) above the prime rate from time to time of the Chase Manhattan Bank, N.A. or its successor in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party payment due date. O'BRIEN shall pay the interest charge on any such unpaid BILLING STATEMENT or unpaid portion thereof when and as billed by PSE&G. PSE&G shall provide to the extent necessary O'BRIEN, upon a timely request therefor, documentation and/or data available to PSE&G to enable O'BRIEN to verify the accuracy of any statementBILLING STATEMENT. However, chargeany such request by O'BRIEN shall not extend the due date of or extend, computation postpone or demand otherwise affect O'BRIEN's obligation to pay the associated BILLING STATEMENT. In the event O'BRIEN disputes any BILLING STATEMENT, O'BRIEN shall pay to PSE&G the entire amount thereof, when due, and shall together with the payment thereof identify and present the dispute in writing and submit documentation substantiating any claim made under relative to the dispute identified. Upon receipt of notice of the dispute and the supporting documentation, PSE&G shall have thirty (30) days (Period) from receipt of such notice to resolve such dispute with O'BRIEN. In the event the dispute is not resolved within the Period, either party may submit the matter to arbitration for resolution in accordance with Article XXIX. The amount of any BILLING STATEMENT disputed by O'BRIEN, in accordance with the provisions of this paragraph, which is ultimately determined to be due and owing by PSE&G to O'BRIEN: (i) which is not refunded to O'BRIEN on or pursuant prior to this Agreement. Any statement the expiration of the Period shall, until payment, thereafter accrue interest, as of the last day of such Period, at a rate per annum equal to three percent (3%) above the prime rate of the Chase Manhattan Bank, N.A., or its successor in effect as of that date; and (ii) shall be final as refunded to O'BRIEN, together with all parties unless questioned interest accrued and owing thereon, within two ten (210) years after payment thereof has been madedays of the date of such determination.

Billing and Payment. (a) (a) Buyer shall at all times maintain and update on a weekly basis an irrevocable trade letter(s) of credit ("LOC") for the benefit of Seller in a form reasonably acceptable to Seller, on behalf of Buyer and its subsidiaries, branches and divisions receiving On Order Products under this Agreement from time to time, at such banks or before the fifteenth (15th) Day of each calendar monthother financial institutions as are reasonably acceptable to Seller, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement terms as may be reasonably designated by Seller from time to time, and in an amount equal to the total of: (i) the price of the On Order Products determined in accordance with Section 2(b); plus (ii) the accrued and unpaid royalties due with respect to Retail Sales of Third Party Branded Products in previous quarters and the estimated royalties due with respect to actual and projected Retail Sales of Third Party Branded Products delivered in the current quarter. Seller shall issue a commercial invoice for payment of the purchase price of On Order Products after delivery to Buyer of the On Order Products pursuant to Section 3(a) and shall be entitled to draw down on or before ten (10) Days following each LOC upon presenting the receipt thereof by Ownerinvoice to the issuing bank. In addition, in the event such quantities are estimated that Buyer fails to pay when due the royalties with respect to Retail Sales of Third Party Branded Products, Seller shall be entitled to draw down on each LOC upon presenting an invoice for any periodsuch amounts that are due but unpaid to the issuing bank with a copy of such invoice delivered to Buyer. Buyer shall: (A) provide to Seller the original of each LOC and amendment thereto; (B) provide to Seller a copy of each notice or other communication to the bank(s) or other financial institution(s) with respect to any change, corrected statements modification, amendment or cancellation of the LOC(s); (C) notify Seller immediately of any cancellation or modification of the terms of an LOC; (D) cause each bank or other financial institution to cooperate with Seller in collecting amounts drawn on the LOC(s) and otherwise provide such information as Seller may reasonably require from time to time; (E) pay all fees, costs and expenses in connection with the LOC(s); and (F) provide such other information with respect to Buyer and the LOC(s) as Seller may reasonably request from time to time. Failure to maintain the LOC(s) in effect in accordance with this Section 4(a), or to comply with the other requirements of this Section 4(a), shall be rendered by Gatherer constitute a material breach of this Agreement and Seller may, without liability and in addition to Owner and paid by Owner or refunded or credited by Gathererits other remedies under this Agreement, as the case may be, in each instance in which the actual quantity received or delivered suspend its obligations hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer all outstanding Purchase Orders for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder On Order Products until such time as Owner furnishes acceptable payment securities Buyer complies with the requirements of this Section 4(a) to GathererSeller's reasonable satisfaction. In addition Seller may issue invoices for On Order Products upon delivery of such Products to all other remedies available to Gatherer, should Owner fail to pay any amount when Buyer under the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate second sentence of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeSection 3(a).

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner Xxxxx agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may beSeller a standard monthly account service fee, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested an amount established by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate Seller from time to time as part of Seller's standard terms and conditions applicable to that category of Seller's customers who are similarly situated to Buyer. Except for special offers that are specifically identified by Seller as having extended payment terms, the terms of payment for merchandise purchased from Seller shall be as set forth in Seller's current standard terms and conditions that are in effect at the time of acceptance by Seller of Buyer's order. Seller shall furnish Buyer with written or electronic notice of any changes in its standard terms and charged by conditions in advance of the Citibankeffective date of the change, N.A.as more fully provided in Paragraph 15 below. Subject to Xxxxx's right to withhold payment in good faith for disputed line items as more fully provided below, New YorkXxxxx agrees to pay all amounts invoiced or shown as currently due on Seller's billing statements or invoices promptly on or before the due date. If this Agreement terminates, New Yorkor if Xxxxx's account with Seller becomes past due, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as entire balance remaining under any change in such prime rate, for any period during which the same extended payment terms shall be overdue, such interest to be automatically accelerated and become immediately due and payable by Buyer upon receipt of Seller's invoice therefor. Xxxxx agrees that all amounts not paid when due shall accrue a late payment service charge in accordance with Seller's then-current standard terms and conditions. Any credits issued by Seller to Buyer shall be processed in accordance with Seller's internal procedures and posted to Buyer s account and billing statements. Under no circumstances shall Buyer be entitled to take any offsets against or deduct any chargebacks from billing statements from Seller, except as follows in the case of a good faith billing dispute with respect to particular billing line items. In the case of such a dispute, Xxxxx shall promptly notify Seller of the details of the dispute. Following this notification, Xxxxx shall be entitled to withhold payment of the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party disputed billing line item(s) without penalty while Xxxxxx investigates the matter during the following sixty (60) days. Buyer shall cooperate in the investigation by allowing Xxxxxx to inspect any documents or merchandise relating to the extent necessary to verify dispute. At the accuracy conclusion of any statementits investigation, chargeSeller shall either adjust Buyer's account for the disputed items, computation or demand made under or pursuant to this Agreementfurnish Buyer with an explanation of the reasons if an adjustment will not be made. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made7.

Billing and Payment. On Big Rivers and LEM shall reconcile all monthly amounts due and owing other than the Initial Fixed Payment or before Annual Fixed Payment as soon after the fifteenth (15th) Day of each calendar month's end as detailed information is available. Each month, Gatherer will render Big Rivers shall xxxx XXX for the Operating Pass-Through Costs due pursuant to Owner a statement setting forthSection 3.3(b) within two days of receipt of an invoice for such Operating Pass-Through Costs from its Operator, in terms of Mcf's if any, and, separately, for any other amounts due hereunder, if any, and MMBtu'sLEM shall xxxx Big Rivers for the Power Value Amount and any other amounts due hereunder, if any, after adjusting for the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions credits set forth in Section 6.6 which may apply for that month. Each Party shall xxxx the applicable statement other by facsimile (with the original of such xxxx transmitted to LEM or invoiceto Big Rivers, as applicable, by certified mail) the full amount payable according for amounts owing pursuant to such statement on this Section 6 or before ten (10) Days following the receipt thereof by Owneras otherwise specified in this Agreement. In the event such quantities are estimated for any period, corrected statements Payment shall be rendered made for the amount of such xxxx, including any disputed amounts, by Gatherer to Owner and paid electronic wire transfer by Owner the later of 15 days after facsimile receipt of such xxxx or refunded or credited by Gatherer, as the case may be, in each instance in which last Business Day of the actual quantity received or delivered hereunder month except with respect to a Month the Operating Pass-Through Costs which LEM shall pay no later than the Monthly Payment Date; provided, however, Big Rivers shall not be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail required to pay any amount when amounts under this Section 6.5 to LEM unless all Operating Pass-Through Costs due and owing by LEM to Big Rivers, and for which LEM has been properly billed, shall have first been paid in full. Payments rendered to Big Rivers with respect to the same becomes dueOperating Pass-Through Costs shall be made to (not applicable) or such other financial institution or account number as Big Rivers and its Operator may specify from time to time in writing. Payments rendered to Big Rivers with respect to other than the Operating Pass-Through Costs shall be made to Farmers Bank of Henderson, Kentucky, ABA No. 000000000 for the credit of Big Rivers General Fund, Account No. 0000000, or such other financial institution or account number as Big Rivers may specify from time to time in writing. Payments rendered to LEM shall be made to PNC Bank, Kentucky, ABA No. 000000000, for the credit of LG&E Marketing, Inc., Account No. 3100532665, or such other financial institution or account number as LEM may specify from time to time in writing. Simple interest shall accrue thereon on any unpaid amounts or any credits at a rate equal to the prime rate from time to time in effect and charged by POWER PURCHASE AGREEMENT BETWEEN BIG RIVERS ELECTRIC CORPORATION AND LG&E ENERGY MARKETING INC. Default Rate during the Citibankperiod, N.A.if any, New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto delinquency or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeoutstanding credit.

Billing and Payment. On We will send you (by regular mail, electronic mail, facsimile, electronic data transfer or before other acceptable means) to the fifteenth (15th) Day of address specified on the applicable Confirmation an invoice for each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) Billing Cycle during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end each Transaction Term detailing all of the current Month. Owner agrees to pay Gatherer by wire transfer charges (according to the instructions set forth in the applicable statement or invoiceplus Taxes) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder due with respect to each Account. Invoices are deemed received by you on the date sent or transmitted, unless after close of business, in which case they are deemed received on the next Business Day, except for invoices sent by regular mail, which are deemed received on the second (2nd) Business Day after mailing. We may return you at any time to Utility consolidated billing, provided that our doing so will not increase your charges hereunder. We will calculate all amounts due hereunder based upon your Actual Usage data as provided by the Utility, provided that we may elect at any time to instead use estimated consumption data (based upon the same period in the prior year and adjusted in good faith for the current period) and reconcile our charges with your Actual Usage on a Month shall be quarterly basis. Our invoices are due ten days after receipt and amounts not paid as of such date will begin to accrue interest at the Interest Rate from such date until the date paid. If you in good faith dispute an invoice, you must provide us with a written explanation specifying the dispute and pay any undisputed portion by the due date. Disputed amounts subsequently determined to be due will be paid with interest accrued at variance with the estimated quantity theretofore made Interest Rate from the basis of billing and payment hereunderoriginal due date until the date paid. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as A Utility may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect issue credits, refunds, rebates, or other similar adjustments ("Utility Invoice Credits") to you or us arising from services provided to you by a Utility or us during a Transaction Term. If a Utility Invoice Credit relates to energy generation (including, without limitation, “green” power save and charged by the Citibankexcept Utility Invoice Credits for “green” power which are, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary provided in the applicable Confirmation, to verify be credited to you) or any other element that is included in the accuracy of any statementEESI Energy Price (as defined in the applicable Confirmation), chargewe will be entitled to such Utility Invoice Credit. If a Utility Invoice Credit relates to an element that is not included in the EESI Energy Price, computation or demand made under or pursuant you will be entitled to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madesuch Utility Invoice Credit.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten fifteen (1015) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore previously made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On Seller shall invoice Buyer semimonthly for coal delivered. Payment shall be made by check or before wire transfer, due within twenty (20) days after the fifteenth (15th) Day date of each calendar monthinvoice; provided that Buyer may withhold payment of the portion of any invoice which is the subject of a bona fide dispute under the provisions of this Agreement. Checks and wire transfers shall be made to Seller's account as follows: Wire Transfer: Bank: FIRST SECURITY BANK OF UTAH ABA No.: 000000000 Account No.: ** Account Name: Spring Creek Coal Company 18 *CONFIDENTIAL TREATMENT REQUESTED* Check: Account Name: Spring Creek Coal Company Account No: ** Address: P.0. Xxx 00000 Xxxx Xxxx Xxxx, Gatherer will render Xxxx 00000-0000 The details of this account shall, from time to Owner a statement setting forthtime, be notified in terms of Mcf's and MMBtu's, writing to Buyer. All amounts due for which payment is not timely made shall bear interest from the total quantity of Gas received hereunder as measured date on which payment became due at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforthen prevailing prime interest rate quoted by Xxxxxx Guaranty Trust Company plus 2 percent per annum. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements All invoiced amounts shall be rendered by Gatherer subject, however, to Owner subsequent adjustment wherever this Agreement specifically so provides, and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder no interest shall be payable to either party with respect to the amounts of such adjustments. If payment is not made when due, Seller may give Buyer written notice of such past due payment. Three (3) days after such notice is effective, pursuant to Section 10.07, Seller may suspend deliveries until the invoice, including any interest, has been paid. If the invoice is not paid within fifteen (15) days after Seller's notice becomes effective, Buyer's failure to make payment when due shall constitute a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term material breach of this AgreementAgreement by Buyer, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gathererand Seller may, Gatherer and Owner agree that Gatherer may suspend at its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherersole option, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to cancel this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. Seller shall render to Buyer (by regular mail, facsimile or other acceptable means pursuant to Section 15.1) for each Month during the Delivery Term a statement setting forth the Capacity Payment, the payment for Buyer Variable O&M Costs and the payment for Buyer Startup Costs for such Month and any other charges due to Seller, including payments or credits between the Parties pursuant to Sections 4.4 and 5.2 during the preceding Month, and the amounts due to Seller from Buyer therefor. If Seller is missing any relevant information at the xxxx Xxxxxx prepares a regular monthly invoice, then Seller may separately invoice Buyer for any affected payment or amount in a supplemental invoice or subsequent regular invoice upon receipt of the relevant information. On or before twenty (20) Days after receipt of Seller's statement, or if such Day is not a Business Day, on the fifteenth (15th) Day of each calendar monthprovided in Section 1.2(f), Gatherer will render to Owner a statement setting forthBuyer shall render, in terms of Mcf's and MMBtu'sby wire transfer, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, set forth on such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth payment address provided in Exhibit E hereto. If either Party disputes the applicable statement or invoice) accuracy of a statement, the full amount payable according Parties shall use their best efforts to such statement on or before ten (10) Days following resolve the receipt thereof by Ownerdispute in accordance with Section 16. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in Any adjustments which the actual quantity received or delivered hereunder Parties may subsequently agree to make with respect to a Month any such billing dispute shall be determined made by a credit or additional charge on the next statement rendered. If the Parties are unable to be at variance with resolve the estimated quantity theretofore made dispute in this manner, any amounts remaining in dispute that are disputed in good faith as of the basis of due date for such billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as period may be acceptable to Gathererwithheld pending final resolution of the dispute in accordance with Section 16, provided that any undisputed amount shall be promptly paid; and provided, further, that amounts paid as a result of the settlement or other resolution of a dispute shall be paid with interest thereon from the original due date until paid at the Late Payment Rate. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest Overdue payments shall accrue thereon interest from, and including, the due date to, but excluding, the date of payment at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeLate Payment Rate.

Billing and Payment. On or before CESC, Mysuru shall issue monthly electricity bill for the fifteenth (15th) Day gross-energy exported to the grid on the scheduled date of each calendar monthmeter reading. CESC, Gatherer will render to Owner a statement setting forth, Mysuru shall pay for the gross energy exported as per the tariff agreed in terms this agreement within 30 days of Mcf's and MMBtu's, issue of bill. The import of energy recorded in the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) bi directional meter during the immediately preceding Month billing period, shall be billed as per the Clause 6.1 of this agreement and shall be deducted out of the amount payable therefortowards gross energy exported. AdditionallyThe CESC, such statement Mysuru shall set forth the cumulative imbalance existing pay interest at the end rate of 0.75% per month, in case of any delay in payment, beyond 30 (thirty) days period from the date of issue of bill, for the gross-energy exported. The Seller shall continue to pay the charges for the consumption of electricity to his premises as per the retail tariff bill issued to him as required. Term and Termination of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any periodAgreement This agreement, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gathererin force for a period of 25 years from the date of commissioning of the SRTPV system, unless terminated otherwise, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment provided hereunder. Owner shallIf the CESC, Mysuru commits any breach of the terms of the Agreement, Seller shall serve a written notice specifying the breach and calling upon the CESC, Mysuru to remedy/ rectify the same, within 30 (thirty) days or at such other period and at the expiry of 30 (Thirty) days or such other period from the delivery of the notice, Seller may terminate the agreement by delivering the termination notice, if requested the CESC, Mysuru fails to remedy/ rectify the same. If the Seller, commits any breach of the terms of the Agreement, the CESC, Mysuru shall serve a written notice specifying the breach and calling upon the seller to remedy/ rectify the same within 30 (thirty) days or at such other period and at the expiry of 30 (Thirty) days or such other period from the delivery of the notice, the CESC, Mysuru may terminate the agreement by Gatherer for good and reasonable cause at any time during delivering the term termination notice, if the seller, fails to remedy/ rectify the same. Upon termination of this Agreement, provide Gatherer with such payment securities as may be acceptable Seller shall cease to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal supply power to the prime rate from time to time in effect distribution system and charged any injection of power shall not be paid for by the CitibankCESC, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeMysuru.

Billing and Payment. On or before Each Month, Processor shall invoice Supplier for all applicable fees and charges due hereunder. Supplier shall pay Processor, without discount, on the fifteenth later of (15tha) Day two Business Days after receipt of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured invoice at the Measurement Point rates provided in Article VI of this Agreement and (b) the Equivalent Quantities 22nd day of Gas delivered the Month such invoice is received, provided that, if such Day is not a Business Day, then such payment shall be due, without interest, on the next Business Day. Payments shall be made by automated clearing house to the account specified on Processor’s invoice or to such other account as Processor may hereafter designate in writing, provided that as long as Processor is an affiliate of Supplier, Processor and Supplier may settle Supplier’s financial obligations to Processor through Supplier’s normal inter-affiliate settlement processes. If Supplier shall fail to pay to Processor any amount due hereunder by the payment due date (a “Payment Default”), such past due amount shall bear interest at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end lesser of the current Monthmaximum legal interest rate and 1.5% per month (the “Base Rate”). Owner agrees In addition, if Supplier fails to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to cure such statement on or before Payment Default within ten (10) Business Days following after receipt of notice from Processor, Processor may suspend performance; provided however, that a Payment Default shall not include the receipt thereof non-payment of any fee or charges invoiced hereunder are being disputed in good faith, and no interest will be charged by Owner. In the event Processor on any such quantities are estimated for any perioddisputed amount which is ultimately resolved in favor of Supplier; provided, corrected statements shall be rendered by Gatherer to Owner and further, that all amounts not being disputed in good faith have been paid by Owner or refunded or credited by Gatherer, as the case may bepromptly (but, in each instance any event, within five Days). If Supplier elects to withhold any payment otherwise due as a consequence of a good faith dispute, Supplier shall provide Processor with written notice of its specific reasons for withholding payment, and the parties hereto agree to use all reasonable efforts to resolve any such disputes in which a timely manner. If it is subsequently determined, whether by mutual agreement of the actual quantity received parties or delivered hereunder with respect otherwise, that Supplier is required to a Month shall be determined pay all or any portion of the dispute amounts to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shallProcessor, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In in addition to all other remedies available to Gathererpaying over such amounts, should Owner fail to Supplier also shall pay any amount when interest accrued on such amounts at the same becomes due, interest shall accrue thereon at a rate equal to Base Rate from the prime rate from time to time original due date until paid in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madefull.

Billing and Payment. On No later than three (3) business days following PSNC’s end-of-the-month meter reading date for the month of delivery, PSNC will provide Xxxxxx with a statement detailing the total quantities delivered by Xxxxxx into its Pool for the preceding month as well as the total metered consumption in Dekatherms for each individual PSNC Customer Account served by Xxxxxx. Xxxxxx is responsible for billing each of PSNC’s Customer(s) served from Xxxxxx’x Pool for all Gas consumed by such Customers determined pursuant to Article VII above with the exception of unauthorized quantities or before other penalties assessed directly to a Customer by PSNC. PSNC shall continue to xxxx its applicable transportation and Facilities Charges directly to the fifteenth (15thCustomer. If the total quantities present in Xxxxxx’x Pool fail to cover the total accumulated usage for PSNC’s Customer(s) Day of each calendar served by Xxxxxx’x Pool in any month, Gatherer will render PSNC shall xxxx Xxxxxx for any shortage quantities pursuant to Owner a statement setting forth, the procedures described in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforArticle VIII above. Additionally, such Such statement shall set forth be furnished to Xxxxxx by PSNC no later than the cumulative imbalance existing at fifth (5th) business day following PSNC’s end-of-the-month meter reading date for the end month of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount delivery and is due and payable according to such statement on or before within ten (10) Days following days after the receipt thereof by Ownerstatement date. In the event such quantities are estimated for any period, corrected statements A xxxx shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as deemed delinquent when it remains unpaid after the case may be, in each instance in which due date set forth on the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderxxxx. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner If Xxxxxx fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any remit the full amount when the same becomes due, interest on the unpaid portion shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two of one percent (21%) per annummonth. If a Xxxxxx withholds any portion of any amount billed by PSNC as a disputed amount and any portion or all of the amount so withheld is determined to have been properly billed, then interest (but as set forth above) shall accrue on the withheld amount that was properly billed from the date due until the date that PSNC receives it. PSNC may terminate this Agreement when any xxxx becomes delinquent. If the total quantities present in Xxxxxx’x Pool exceed the total accumulated usage for the Customer(s) served from Xxxxxx’x Pool in any month, PSNC shall purchase such Gas pursuant to the procedures described in Article VIII above. PSNC shall furnish Xxxxxx with a statement identifying the quantities purchased from Xxxxxx no event greater later than the maximum rate fifth (5th) business day following PSNC’s end-of-the-month meter reading date for the month of interest permitted by lawdelivery and shall pay Xxxxxx no later than ten (10) with adjustments in such rate to be made on days after the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madedate.

Billing and Payment. On Following the verification of Delivered Energy and any Excused Curtailed Energy for a given month during the Delivery Period and calculation of the Monthly Payment in accordance with Section 5, PSE will pay Seller the Monthly Payment for such month; provided, however, that the Monthly Payment amount may be applied as a credit to Seller’s solar account, with any balance of such credit rolling over monthly up to a maximum cumulative credit balance of five hundred dollars ($500) or before a maximum rollover period for a credit balance of twelve (12) consecutive months, whichever occurs first, at which time PSE will pay the fifteenth credit balance to Seller. PSE may offset and deduct any amounts Seller owes to PSE against any amounts that PSE owes to Seller. Billing Dispute. Seller and PSE will have twelve (15th12) Day months from the date the disputed monthly statement is issued to Seller to question or contest the correctness of each calendar month, Gatherer will render any payment or credit. If no question or contest is raised in writing from either Party to Owner a statement setting forth, in terms of Mcf's and MMBtu'sthe other during such time period, the total quantity correctness of Gas received hereunder as measured at the Measurement Point all such charges and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforcredits will be conclusively presumed. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current MonthPSE Seller Account. Owner agrees to pay Gatherer by wire transfer No later than sixty (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (1060) Days following prior to Commercial Operation, Seller must establish an additional PSE Seller Account for the receipt thereof by Owner. In the event such quantities are estimated Facility for any periodidentification, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderpurposes. Owner shallSeller must be enrolled in PSE’s paperless billing process. The Person named as the Seller on the PSE Seller Account for the Facility must be, if requested by Gatherer and remain for good and reasonable cause at any time during the term of this AgreementTerm, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to Person as the prime rate from time to time Seller under this PPA and the “Seller” as defined in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Interconnection Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. Seller shall render to Buyer (by regular mail or other acceptable means pursuant to Article 15) for each calendar Month during the Delivery Term a statement setting forth: (a) the total Demand Charges for the Month and (b) the quantity of Energy that was Scheduled and delivered and the Energy Charge payable for the preceding Month, and (c) and any other charges due Seller, including payments or credits between the Parties pursuant to Sections 4.2, 4.3, 4.4 and 4.5 during the preceding Month and the amounts due to Seller from Buyer therefor. On or before the fifteenth (15th) 20th Day of each calendar monthMonth in which Seller’s statement is received or the 10th Day after such statement is received whichever is later, Gatherer will render or if such Day is not a Business Day, the immediately following Business Day, Buyer shall render, by wire transfer, the amount set forth on such statement to Owner a statement setting forththe payment address provided in Exhibit B hereto. Overdue payments shall accrue interest from, and including, the due date to, but excluding, the date of payment at the Interest Rate. If either Party, in terms of Mcf's and MMBtu'sgood faith, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionallydisputes a statement, such Party shall provide a written explanation specifying in detail the basis for the dispute and pay the portion of such statement conceded to be correct no later than the due date. Buyer shall set forth also, upon Seller’s reasonable request, place the cumulative imbalance existing remainder into an escrow account for Seller’s benefit. The escrow account shall be established as a separate trust account in the name of Buyer f/b/o Seller at a federally insured banking or other depository institution acceptable to Seller. Any amount remaining in the end trust account after any and all required payments are made to Seller in resolution of a dispute shall be returned to Seller. If any amount disputed by a Party is determined by the current Month. Owner agrees Parties’ agreement or pursuant to pay Gatherer by wire transfer (according arbitration or a binding order of a court with jurisdiction to be due to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before other Party, it shall be paid within ten (10) Days following of such determination, along with interest accrued at the receipt thereof by OwnerInterest Rate computed from the original due date until the date paid. In the event such quantities are estimated for any period, corrected statements All amounts payable under this Agreement shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeU.S. Dollars.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer Service Provider will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer Service Provider by wire transfer transfercheck (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer Service Provider to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to GathererGathererService Provider, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On Merchant will pay Curb the amounts due hereunder as set forth herein. The amounts payable by Merchant to Curb hereunder do not include any excise, sales, use, value-added or before other taxes, and therefore are subject to increase in the fifteenth amount of any such taxes (15thexcluding any tax on Curb’s net income) Day that Curb may be required to collect or pay as a result thereof. Any amount which is not paid by Merchant when due hereunder shall bear a late fee at the rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, and Merchant shall reimburse Curb for its cost and expenses (including reasonable attorneys fees and court or arbitration costs) incurred in connection with its attempts to collect any overdue amounts. Unless otherwise stated elsewhere herein or in a Supplemental Agreement, on a monthly basis, Curb will provide Merchant with an invoice for any amounts due and payable by Merchant to Curb hereunder or under any Supplemental Agreements, which invoices will be distributed to Merchant via email. Five (5) days or more following the date of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu'sinvoice, the total quantity amount of Gas received hereunder as measured such invoice shall be debited from Merchant’s designated bank account via an ACH transaction. Merchant shall keep Curb apprised of any changes in its primary email address for delivery of invoices or the appropriate account for ACH debits; provided that Merchant represents and warrants that it will be duly entitled and empowered to authorize ACH debits from any such bank account designated for ACH debits at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) all times during the immediately preceding Month and the amount payable therefor. Additionally, which such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Ownerbank account is so designated. In the event such quantities are estimated for any periodCurb is unable to successfully debit Merchant’s account, corrected statements shall Merchant will be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis charged an insufficient funds fee of billing and payment hereundertwenty-five dollars ($25.00). Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner If Merchant fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, or if for any period during which other reason Curb is not satisfied with the same shall creditworthiness of Merchant, then, in addition to (and without prejudice of) any other rights and remedies available to Curb at law, in equity, under contract (including without limitation, these Terms of Use), or otherwise, Curb will be overdue, such interest entitled to be paid when the amount past due is paid. Each party hereto withhold or its representative shall have the right at suspend Merchant’s access to and/or use of any or all reasonable times to examine the books and records of the other party CurbPay Services until Merchant reestablishes its creditworthiness to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeCurb’s reasonable satisfaction.

Billing and Payment. On 11.1 Billing and Payment - Seller shall render to Buyer, at the ------------------- address indicated in Section 15.5 hereof, on or before the fifteenth (15th) Day day of each calendar monthmonth by certified, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) registered or overnight mail an invoice for all gas purchased during the immediately preceding Month month according to the measurements, computations, and the amount payable thereforprices provided herein. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner Buyer agrees to pay Gatherer make payment hereunder to Seller for its account in available funds by wire transfer or by mail at such location as Seller may from time to time designate in writing. Payment shall be made by Buyer within the later of (according to the instructions set forth in the applicable statement or invoicea) the full amount payable according to such statement on twenty-fifth (25th) of the month or before (b) ten (10) Days following days of the date of receipt thereof by Owner. In the event such quantities are estimated for any periodof Seller's invoice; provided that if Tennessee's billing schedule changes in either of their tariffs, corrected statements shall be rendered by Gatherer then Buyer will pay Seller on an earlier date to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance coincide with the estimated quantity theretofore made earlier of when payments are due to Tennessee under the basis Firm Transportation Contracts. If the invoiced amount is not paid when due, then interest on any unpaid amount shall accrue at the then current prime rate of billing interest as published under "Money Rates" by the Wall Street Journal, not to exceed any applicable maximum lawful rate together with any court costs, attorney's fees and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during all other costs of collection which Seller may incur in enforcing the term terms of this Agreement. If such default continues for thirty (30) days after written notice from Seller to Buyer, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer Seller may suspend its performance gas deliveries hereunder until such time as Owner furnishes acceptable payment securities without liability and without prejudice to Gathererother remedies. In addition to all other remedies available to GathererNotwithstanding the above, should Owner fail to pay any amount when if a good faith dispute arises between the same becomes due, interest shall accrue thereon at a rate equal to Parties over the prime rate from time to time in effect and charged by amounts due under the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, invoice for any period matters, other than any reimbursement for the demand or reservation charges under the Firm Transportation and Storage Contracts, then Buyer will pay that portion of the statement not in dispute on or before the due date and both Parties will continue to perform their obligations under this Agreement during which the same shall such dispute; provided that Buyer will be overduerequired to provide, such interest within 30 days of a written request by Seller, a good and sufficient surety bond guaranteeing payment to be paid when Seller of the amount past due is paidultimately found due. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.12 <PAGE> <PAGE> 11.2