Common use of Class A Refund and True Up Clause in Contracts

Class A Refund and True Up. To the extent Tri-State’s Class A member rate becomes subject to refund that covers the period prior to the Withdrawal Time, for any energy, power or services United Power purchased from Tri-State during the refund period (but not later than the Withdrawal Time), United Power shall be eligible to receive, and Tri-State shall issue, refunds to United Power consistent with FERC directives; provided however, that in lieu of such refund being deducted from the Class A rate or a line item on the invoice for the wholesale electric services contract, Tri-State shall pay such amount to United Power. To the extent Tri-State’s Class A member rate becomes subject to a true-up that covers the period prior to the Withdrawal Time, for any energy, power or services United Power purchased from Tri-State during the refund period (but not later than the Withdrawal Time), United Power shall pay Tri-State, or Tri-State shall pay United Power, such true-up amount, subject to the terms of the effective rate on file with FERC; provided however, that in lieu of such true up being added to the Class A rate or a line item on the invoice for the wholesale electric services contract, United Power shall pay such amount directly to Tri-State within 30 days of receipt of an invoice from Tri-State.

Class A Refund and True Up. 5.6.1 To the extent Tri-State’s Class A member rate becomes subject to refund that covers the period prior to the Withdrawal Time, for any energy, power or services United Power NRPPD purchased from Tri-State during the refund period (but not later than the Withdrawal Time), United Power NRPPD shall be eligible to receive, and Tri-State shall issue, refunds to United Power NRPPD consistent with FERC directives; provided however, that in lieu of such refund being deducted from the Class A rate or a line item on the invoice for the wholesale electric services contract, Tri-State shall pay such amount to United Power. NRPPD. 5.6.2 To the extent Tri-State’s Class A member rate becomes subject to a true-true up that covers the period prior to the Withdrawal Time, for any energy, power or services United Power NRPPD purchased from Tri-State during the refund period (but not later than the Withdrawal Time), United Power shall pay Tri-State, or Tri-State shall pay United Powerbe entitled to collect, and NRPPD shall be required to pay, such true-true up amount, subject to the terms of the effective rate on file with FERC; provided however, that in lieu of such true up being added to the Class A rate or a line item on the invoice for the wholesale electric services contract, United Power NRPPD shall pay such amount directly to Tri-State within 30 days of receipt of an invoice from Tri-State.