Common use of Companies Statement Clause in Contracts

Companies Statement. Subject to Section 8.2, the Companies and each SSO Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) for each Billing Month, the Companies will prepare and provide an invoice to each SSO Supplier, which will show (i) amounts due to the SSO Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO Loads of the Companies. (b) The Statement will be sent to each SSO Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) The Companies or the SSO Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) The Companies or the SSO Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO Supplier, as applicable. (f) If a good faith dispute arises between the Companies and the SSO Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party. (g) If payment is made to the SSO Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, each SSO Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.

Companies Statement. Subject to Section 8.2, the Companies and each SSO the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) for each Billing Month, the Companies will prepare and provide an invoice to each SSO the XXXX Supplier, which will show (i) amounts due to the SSO XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO XXXX Loads of the Companies. (b) The Statement will be sent to each SSO the XXXX Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) The Companies or the SSO XXXX Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) The Companies or the SSO XXXX Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO XXXX Supplier, as applicable. (f) If a good faith dispute arises between the Companies and the SSO XXXX Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party. (g) If payment is made to the SSO XXXX Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx Chase (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, each SSO the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.

Companies Statement. Subject to Section 8.2, the Companies and each SSO the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) for each Billing Month, the Companies will prepare and provide an invoice to each SSO the XXXX Supplier, which will show (i) amounts due to the SSO XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO Loads of the Companies. (b) The Statement will be sent to each SSO the XXXX Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) The Companies or the SSO XXXX Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) The Companies or the SSO XXXX Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO XXXX Supplier, as applicable. (f) If a good faith dispute arises between the Companies and the SSO XXXX Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party.) (g) If payment is made to the SSO XXXX Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx Chase (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, each SSO the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.

Companies Statement. Subject to Section 8.2, the Companies and each SSO the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) : for each Billing Month, the Companies will prepare and provide an invoice to each SSO the XXXX Supplier, which will show (i) amounts due to the SSO XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO XXXX Loads of the Companies. (b) . The Statement will be sent to each SSO the XXXX Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) . The Companies or the SSO XXXX Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) . All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) . The Companies or the SSO XXXX Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO XXXX Supplier, as applicable. (f) . If a good faith dispute arises between the Companies and the SSO XXXX Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party. (g) . If payment is made to the SSO XXXX Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) . In the event of a good faith dispute regarding any Statement, each SSO the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) . Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.

Companies Statement. Subject to Section 8.2, the Companies and each SSO the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) : for each Billing Month, the Companies will prepare and provide an invoice to each SSO the XXXX Supplier, which will show (i) amounts due to the SSO XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO XXXX Loads of the Companies. (b) . The Statement will be sent to each SSO the XXXX Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) . The Companies or the SSO XXXX Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) . All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) . The Companies or the SSO XXXX Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO XXXX Supplier, as applicable. (f) . If a good faith dispute arises between the Companies and the SSO XXXX Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party. (g) . If payment is made to the SSO XXXX Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx Chase (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) . In the event of a good faith dispute regarding any Statement, each SSO the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) . Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.

Companies Statement. Subject to Section 8.2, the Companies and each SSO the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) for each Billing Month, the Companies will prepare and provide an invoice to each SSO the XXXX Supplier, which will show (i) amounts due to the SSO XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO Loads of the Companies. (b) The Statement will be sent to each SSO the XXXX Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) The Companies or the SSO XXXX Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) The Companies or the SSO XXXX Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO XXXX Supplier, as applicable. (f) If a good faith dispute arises between the Companies and the SSO XXXX Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party.) (g) If payment is made to the SSO XXXX Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, each SSO the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.

Companies Statement. Subject to Section 8.2, the Companies and each SSO the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) for each Billing Month, the Companies will prepare and provide an invoice to each SSO the XXXX Supplier, which will show (i) amounts due to the SSO XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO XXXX Loads of the Companies. (b) The Statement will be sent to each SSO the XXXX Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) The Companies or the SSO XXXX Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) The Companies or the SSO XXXX Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO XXXX Supplier, as applicable. (f) If a good faith dispute arises between the Companies and the SSO XXXX Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party. (g) If payment is made to the SSO XXXX Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, each SSO the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.

Companies Statement. Subject to Section 8.2, the Companies and each SSO Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions:provisions:‌ (a) for each Billing Month, the Companies will prepare and provide an invoice to each SSO Supplier, which will show (i) amounts due to the SSO Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the PMEA, (ii) the PMEA/FMEA Adjustment from such Billing Month, if any, and (iii) all Charges due to the Companies incurred during the Billing Month (the “Statement”). The Companies will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing the Companies, the Companies will specify in each Statement how the amounts will be allocated among the Companies. In the case of the PMEA/FMEA Adjustment, the allocation will be based on the respective SSO Loads of the Companies. (b) The Statement will be sent to each SSO Supplier within six (6) Business Days after the end of the Billing Month as provided in Section 13.1. (c) The Companies or the SSO Supplier, as the case may be, will make payment on the first (1st) Business Day after the nineteenth (19th) day of each calendar month. (d) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) end of the Term or (ii) the Early Termination Date. (e) The Companies or the SSO Supplier, as the case may be, shall make payments of funds by electronic transfer to a bank designated by the Companies and the SSO Supplier, as applicable. (f) If a good faith dispute arises between the Companies and the SSO Supplier regarding a Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Statement, if any, and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Statement in dispute. Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 10. Upon resolution of a Statement dispute, any payments made to either Party will include simple interest on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Statement dispute was received by the non-disputing Party. (g) If payment is made to the SSO Supplier after the due date shown on the Statement, a late fee will be added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Xxxxx (or, if not available, another financial institution selected by the Companies) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, each SSO Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and records of the applicable Company. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date. (i) Notwithstanding anything to the contrary contained in this Section 8.1, the determination of the allocation among the Companies of amounts due and owing to the Companies, as set forth in a Statement, will be final and binding, absent manifest error.