Challenge to Invoices. Unless otherwise agreed: (i) either Party may challenge, in writing, the accuracy of Invoices (or the data utilized in the forgoing) and payments no later than twenty-four (24) months after the Due Date of the Invoice in which the disputed information is contained; (ii) if a Party does not challenge the accuracy within such twenty-four (24) month period, such Invoice shall be binding upon that Party and shall not be subject to challenge. If an Invoice is paid and thereafter the payment or the Invoice on which the payment was based is disputed, upon notice of dispute, the Party receiving payment shall hold the amount in dispute in escrow for the benefit of the prevailing Party until the resolution of such dispute. If any amount in dispute is ultimately determined (under the terms herein) to be due to the other Party, it shall be paid or returned (as the case may be) to the other Party within three (3) Business Days of such determination along with interest accrued at the Interest Rate from the (i) date due and owing in accordance with the Invoice until the date paid or (ii) if the amount was paid and is to be returned, from the date paid, until the date returned.
Appears in 12 contracts
Samples: Certificate Purchase Agreement, Certificate Purchase Agreement, Certificate Purchase Agreement
Challenge to Invoices. Unless otherwise agreed: (i) either Party may challenge, in writing, the accuracy of Calculations, Invoices or Reconciliation Adjustments (or the data utilized in the forgoing) and payments no later than twenty-four (24) months after the Due Date of the Invoice in which the disputed information is contained; (ii) if a Party does not challenge the accuracy within such twenty-four (24) month period, such Invoice shall be binding upon that Party and shall not be subject to challenge. If an Invoice is paid and thereafter the payment or the Invoice on which the payment was based is disputed, upon notice of dispute, the Party receiving payment shall hold the amount in dispute in escrow for the benefit of the prevailing Party until the resolution of such dispute. If any amount in dispute is ultimately determined (under the terms herein) to be due to the other Party, it shall be paid or returned (as the case may be) to the other Party within three (3) Business Days of such determination along with interest accrued at the Interest Rate from the (i) date due and owing in accordance with the Invoice until the date paid or (ii) if the amount was paid and is to be returned, from the date paid, until the date returned.
Appears in 10 contracts
Samples: Master Power Agreement, Master Power Agreement, Master Power Agreement
Challenge to Invoices. Unless otherwise agreedagreed by the Parties in writing: (i) either Party may challenge, in writing, the accuracy of Invoices (or the data utilized in the forgoing) and payments no later than twentythirty-four six (2436) months after the Due Date of the Invoice in which the disputed information is charges are contained; (ii) if a Party does not challenge the accuracy Invoice within such twentythirty-four six (2436) month period, such Invoice shall be binding upon that Party final and shall not be subject to challengechallenge or adjustment. If an Invoice is paid and thereafter the payment or the Invoice on which the payment was based is disputed, upon notice of dispute, the Party receiving payment shall hold the amount in dispute in escrow for the benefit of the prevailing Party until the resolution of such dispute. The other Party shall provide such information and documentation as the challenging Party shall request regarding any disputed charges. If any amount in dispute is ultimately determined (under the terms herein) to be due to the other Party, it shall be paid or returned (as the case may be) to the other Party within three (3) Business Days of such determination along with interest accrued at the Interest Rate from the (i) Invoice due date due and owing in accordance with the Invoice until the date paid or (ii) if the amount was paid and is to be returnedrefunded, from the date paid, until the date returnedrefunded.
Appears in 6 contracts
Samples: Master Certificate Purchase Agreement, Master Certificate Purchase Agreement, Master Certificate Purchase Agreement
Challenge to Invoices. Unless otherwise agreed: (i) either Party may challenge, in writing, the accuracy of Invoices (or the data utilized in the forgoingforegoing) and payments no later than twenty-four (24) months after the Due Date of the Invoice in which the disputed information is contained; (ii) if a Party does not challenge the accuracy within such twenty-four (24) month period, such Invoice shall be binding upon that Party and shall not be subject to challenge. If an Invoice is paid and thereafter the payment or the Invoice on which the payment was based is disputed, upon notice of dispute, the Party receiving payment shall hold the amount in dispute in escrow for the benefit of the prevailing Party until the resolution of such dispute. If any amount in dispute is ultimately determined (under the terms herein) to be due to the other Party, it shall be paid or returned (as the case may be) to the other Party within three (3) Business Days of such determination along with interest accrued at the Interest Rate from the (i) date due and owing in accordance with the Invoice until the date paid or (ii) if the amount was paid and is to be returned, from the date paid, until the date returned.
Appears in 6 contracts
Samples: Renewable Energy Certificate Purchase Agreement, Renewable Energy Certificate Purchase Agreement, Renewable Energy Certificate Purchase Agreement
Challenge to Invoices. Unless otherwise agreed: (i) either Party may challenge, in writing, the accuracy of Invoices (or the data utilized in the forgoing) and payments no later than twenty-four (24) months after the applicable Invoice Due Date of the Invoice in which the disputed information is containedDate; (ii) if a Party does not challenge the accuracy within such twenty-four (24) month period, such Invoice shall be binding upon that Party and shall not be subject to challenge. If an Invoice is paid and thereafter the payment or the Invoice on which the payment was based is disputed, upon notice of dispute, the Party receiving payment shall hold the amount in dispute in escrow for the benefit of the prevailing Party until the resolution of such dispute. If any amount in dispute is ultimately determined (under the terms herein) to be due to the other Party, it shall be paid or returned (as the case may be) to the other Party within three (3) Business Days of such determination along with interest accrued at the Interest Rate from the (i) date due and owing in accordance with the Invoice until the date paid or (ii) if the amount was paid and is to be returned, from the date paid, until the date returned.
Appears in 4 contracts
Samples: Master Certificate Sale Agreement, Master Certificate Sale Agreement, Master Certificate Sale Agreement
Challenge to Invoices. Unless otherwise agreed: (i) either Party may challenge, in writing, the accuracy of Calculations, Invoices or Reconciliation Adjustments (or the data utilized in the forgoingforgoing ) and payments no later than twenty-four (24) months after the Due Date of the Invoice in which the disputed information is contained; (ii) if a Party does not challenge the accuracy within such twenty-four (24) month period, such Invoice shall be binding upon that Party and shall not be subject to challenge. If an Invoice is paid and thereafter the payment or the Invoice on which the payment was based is disputed, upon notice of dispute, the Party receiving payment shall hold the amount in dispute in escrow for the benefit of the prevailing Party until the resolution of such dispute. If any amount in dispute is ultimately determined (under the terms herein) to be due to the other Party, it shall be paid or returned (as the case may be) to the other Party within three (3) Business Days of such determination along with interest accrued at the Interest Rate from the (i) date due and owing in accordance with the Invoice until the date paid or (ii) if the amount was paid and is to be returned, from the date paid, until the date returned.
Appears in 3 contracts
Samples: Master Power Agreement, Master Power Agreement, Master Power Agreement
Challenge to Invoices. (a) Unless otherwise agreed: (i) either Party may challenge, in writing, the accuracy of Invoices (Calculations, Invoices, Reconciliation Adjustments or the data utilized in the forgoing) and payments no later than twenty-four (24) months after the Due Date of the Invoice in which the disputed information is contained; (ii) if a Party does not challenge the accuracy within such twenty-four (24) month period, such Invoice shall be binding upon that Party and shall not be subject to challenge. If an Invoice is paid and thereafter With respect to amounts due that are disputed, payment shall be made in the payment or full amount of the Invoice on which the payment was based is disputed, upon notice of dispute, and the Party receiving payment shall hold the amount in dispute in escrow for the benefit of the prevailing Party until the resolution of such dispute. If any amount in dispute is ultimately determined (under the terms herein) to be due to the other disputing Party, it shall be paid or returned (as the case may be) to the other disputing Party within three (3) Business Days of such determination along with interest accrued at the Interest Rate from until the date paid.
(ib) date due The Parties shall use good faith efforts to resolve any billing and owing payment disputes promptly. If after such good faith negotiations, the Parties are unable to resolve the dispute, the Parties shall submit the dispute to binding arbitration in accordance with the Invoice until the date paid or (ii) if the amount was paid and is to be returned, from the date paid, until the date returnedSection 15.2 hereof.
Appears in 1 contract
Samples: Power Supply Agreement