Common use of Disputed Xxxx Clause in Contracts

Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 6 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Utility does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving receiving, such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Utility disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party against disputed amount setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Utility under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying Utility and SPD SECI shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying Utility shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount in the Monthly Xxxx.

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Sale Agreement

Disputed Xxxx. 10.5.1 13.7.1 If the Buyer ESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Solar Power Developer by the Due Date, such Xxxx shall be taken as conclusiveconclusive subject to reconciliation as per Clause 13.8. 10.5.2 13.7.2 If the Buyer ESCOM disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3 If the SPD Solar Power Developer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Solar Power Developer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4 If the SPD Solar Power Developer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer ESCOM providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 13.7.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer ESCOM under Article 10.5.4Clause 13.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer ESCOM and SPD Solar Power Developer shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 13.7.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.413.7.4, the matter shall be referred to Dispute resolution in accordance with Article 1618. 10.5.7 13.7.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI ESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 2.9.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 2.9.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 2.9.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.22.9.2, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 2.9.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, Article2.9.2 it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 2.9.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying entity under Article 10.5.4Article2.9.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying entity and SPD SECI shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 2.9.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4Article2.9.4, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in PPA. 10.5.7 2.9.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying entity shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 5 contracts

Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement

Disputed Xxxx. 10.5.1 13.7.1 If the Buyer ESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Developer by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 13.7.2 If the Buyer ESCOM disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3 If the SPD Developer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Developer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4 If the SPD Developer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer ESCOM providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 13.7.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer ESCOM under Article 10.5.4Clause 13.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer ESCOM and SPD Developer shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 13.7.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.413.7.4, the matter shall be referred to Dispute resolution in accordance with Article 1618. 10.5.7 13.7.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI ESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen thirty (1530) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer NTPC does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer NTPC disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer NTPC providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer NTPC under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer NTPC and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI NTPC shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD WPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen thirty (1530) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD WPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD WPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD WPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD WPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 2.9.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 2.9.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 2.9.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 2.9.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 2.9.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying entity under Article 10.5.44.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying entity and SPD SECI shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 2.9.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.44.4, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in PPA. 10.5.7 2.9.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 4 contracts

Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer NVVN does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer NVVN disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer NVVN providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer NVVN under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer NVVN and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI NVVN shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 13.7.1. If the Buyer BESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Developer by the Due Date, such Xxxx shall be taken as conclusiveconclusive subject to reconciliation as per Clause 13.8. 10.5.2 13.7.2. If the Buyer BESCOM disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3. If the SPD Developer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Developer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4. If the SPD Developer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer BESCOM providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 13.7.5. Upon receipt of the Xxxx Disagreement Notice by the Buyer BESCOM under Article 10.5.4Clause 13.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer BESCOM and SPD Developer shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 13.7.6. If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.413.7.4, the matter shall be referred to Dispute resolution in accordance with Article 1618. 10.5.7 13.7.7. For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI BESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer NTPC disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount (subject to adjustment of applicable rebate for the said 95% payment) and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) and all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer NTPC providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer NTPC under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer NTPC and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 10.6.1 If the Buyer Procurers does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 10.6.2 If the Buyer Procurers disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 10.6.3 If the SPD Seller agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.210.6.2, the SPD Seller shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Procurers and up to and including the date on which such payment has been received as refund. 10.5.4 10.6.4 If the SPD Seller does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.210.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 10.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Procurers under Article 10.5.410.6.2, authorized representative(s) or a director of the board of directors/ member of board of Procurers and the Buyer and SPD Seller shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 10.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.410.6.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 10.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Procurers shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 13.7.1 If the Buyer ESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Developer by the Due Date, such Xxxx shall be taken as conclusiveconclusive subject to reconciliation as per Clause 13.8. 10.5.2 13.7.2 If the Buyer ESCOM disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3 If the SPD Developer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Developer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4 If the SPD Developer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer ESCOM providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 13.7.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer ESCOM under Article 10.5.4Clause 13.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer ESCOM and SPD Developer shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 13.7.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.413.7.4, the matter shall be referred to Dispute resolution in accordance with Article 1618. 10.5.7 13.7.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI ESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 2.9.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 2.9.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 2.9.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.22.9.2, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 2.9.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, Article2.9.2 it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 2.9.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying entity under Article 10.5.42.9.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying Entity and SPD SECI shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 2.9.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.42.9.5, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in PPA. 10.5.7 2.9.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying entity shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 3 contracts

Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% undisputed amount of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Entity and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Entity under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Sale Agreement, Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD WPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD WPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD WPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD WPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD WPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 13.7.1 If the Buyer APDCL does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Solar Power Developer by the Due Date, such Xxxx shall be taken as conclusiveconclusive subject to reconciliation as per Clause 13.8. 10.5.2 13.7.2 If the Buyer APDCL disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3 If the SPD Solar Power Developer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Solar Power Developer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4 If the SPD Solar Power Developer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer APDCL providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer MSPDCL does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15thirty(30) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer MSPDCL disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer MSPDCL providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer MSPDCL under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer MSPDCL and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Entity and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Entity under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Sale Agreement, Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD HPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen thirty (1530) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD HPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD HPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD HPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD HPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 10.6.1 If the Buyer Procurers does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 10.6.2 If the Buyer Procurers disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 10.6.3 If the SPD Seller agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.210.6.2, the SPD Seller shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Procurers and up to and including the date on which such payment has been received as refund. 10.5.4 10.6.4 If the SPD Seller does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.210.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 10.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Procurers under Article 10.5.410.6.2, authorized representative(s) or a director of the board of directors/ member of board of Procurers and the Buyer and SPD Seller shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 10.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.410.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1617. 10.5.7 10.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Procurers shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Entity and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Entity under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 2 contracts

Samples: Power Sale Agreement, Power Sale Agreement

Disputed Xxxx. 10.5.1 1) If the Buyer PSPCL does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen thirty (1530) days Days of receiving receipt, such Xxxx shall be taken as conclusive. 10.5.2 2) If the Buyer PSPCL disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5075% of the invoice total xxxx amount shall be paid (subject to adjustment of applicable rebate for the said 75% payment) and it shall within fifteen (15) days of receiving such Xxxx, issue a notice Written Objection (the "Xxxx Dispute Notice") shall be issued to invoicing party/SPD within 30 days of presentation of the xxxx, giving following particulars: a) Item disputed, with full details and reasons of dispute; b) Amount disputed against each item. 3) If the SPD does not agree to the invoicing Party setting out:claim raised in the Xxxx Dispute Notice issued pursuant to Article 6.8 (2), it shall, within 15 (fifteen) days of receiving such notice, by a written Disagreement Notice, present any information, estimate of the correct amount and reasons or evidence as may reasonably be required for establishing its counter claim or its disagreement on the findings of PSPCL. i4) If no response is received within 15 (fifteen) days as mentioned in Article 6.8 (3) above, it shall be concluded that the details SPD agrees to the claim raised in the Written Objection as per Article 6.8 (2) and PSPCL shall make appropriate adjustment in the next Monthly Xxxx. In such a case if any excess payment has been made to the SPD by PSPCL, such excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the PSPCL to the SPD and up to and including the date on which such payment has been received as refund. 5) Upon receipt of the Disagreement Notice as per Article 6.8 (3) by PSPCL, the authorized representative of PSPCL and the SPD shall meet and make best endeavours to amicably resolve such dispute within thirty (30) days of receipt of the Disagreement Notice. 6) If the Parties do not amicably resolve the Dispute within thirty (30) days of receipt of Disagreement Notice, either party shall have the right to approach PSERC to effect a higher or lesser payment on the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 7) If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.8 (2), the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party PSPCL to the invoicing Party SPD and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised 8) Adjustments, if any, on account of any additional claims or errors in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving billing for a month shall be paid through Supplementary bills or shall be paid/adjusted with the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claimnext month‟s xxxx. 10.5.5 Upon receipt 9) Notwithstanding the above in the event, if PSPCL is of the Xxxx Disagreement Notice view that the amount claimed by SPD is excessively high and the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5075% of the invoice amount disputed xxxx will be onerous, PSPCL shall be entitled to raise immediate dispute and take the action for adjudication by PSERC and further seek interim orders in such proceedings to restrain the Monthly Xxxxenforcement of such disputed bills. The parties agree to be bound by the orders and directions of the PSERC.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 11.6.1 If the Buyer a Party does not dispute a Monthly Xxxx, Provisional Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen thirty (1530) days of receiving it, such Xxxx xxxx shall be taken as conclusive. 10.5.2 11.6.2 If the Buyer a Party disputes the amount payable under a Monthly Xxxx, Provisional Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall that Party shall, within fifteen thirty (1530) days of receiving such Xxxxxxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) i. the details of the disputed amount; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its claim. 10.5.3 11.6.3 If the SPD invoicing Party agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.211.6.2, the SPD invoicing Party shall revise such Xxxx xxxx within seven (7) days of receiving such notice and present along with if the next Monthly Xxxxdisputing Party has already made the excess payment, refund to the disputing Party such excess amount within fifteen (15) days of receiving such notice. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, Surcharge which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to upto and including the date on which such payment has been received as refundreceived. 10.5.4 11.6.4 If the SPD invoicing Party does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.211.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.fifteen

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer EDA&N does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer EDA&N disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer EDA&N providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer EDA&N under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer EDA&N and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI EDA&N shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 2.7.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 2.7.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 2.7.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 2.7.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 2.7.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying entity under Article 10.5.44.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying entity and SPD SECI shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 2.7.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.44.4, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in PPA. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer a Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer MSEDCL does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD SPG within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer MSEDCL disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) iii) all written material in support of its claim. 10.5.3 If the SPD SPG agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD SPG shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD SPG does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer MSEDCL providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party Part y setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Entity and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Entity under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 X. If the Buyer Authority does not dispute a Monthly Xxxx Bill or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Developer by the Due Date, such Xxxx Bill shall be taken as conclusiveconclusive subject to reconciliation as per Clause 14.7. 10.5.2 B. If the Buyer Authority disputes the amount payable under a Monthly Xxxx Bill or a Supplementary XxxxBill, as the case may be, it shall pay 5095% of the invoice disputed amount as per the payment clause of this Agreement and it shall within fifteen 15 (15fifteen) days of receiving such XxxxBill, issue a notice (the "Xxxx Bill Dispute Notice") to the invoicing Party setting out: i) i. the details of the disputed amount; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its claim. 10.5.3 C. If the SPD Developer agrees to the claim raised in the Xxxx Bill Dispute Notice issued pursuant to Article 10.5.2Clause 14.6.B, the SPD Developer shall revise such Xxxx Bill and present along with the next Monthly XxxxBill. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 D. If the SPD Developer does not agree to the claim raised in the Xxxx Bill Dispute Notice issued pursuant to Article 10.5.2Clause 14.6.B, it shall, within fifteen 15 (15fifteen) days of receiving the Xxxx Bill Dispute Notice, furnish a notice (Xxxx the “Bill Disagreement Notice) to the Buyer Authority providing: i) i. reasons for its disagreement; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its counter-claim. 10.5.5 E. Upon receipt of the Xxxx Bill Disagreement Notice by the Buyer Authority under Article 10.5.4Clause 14.6.D, authorized representative(s) or a director representatives of the board of directors/ member of board of the Buyer Authority and SPD Developer shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) 15 days of receipt of the Xxxx Bill Disagreement Notice. 10.5.6 F. If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Bill Disagreement Notice pursuant to Article 10.5.4Clause 14.6.D, the matter shall be referred to Dispute resolution in accordance with Article 1622. 10.5.7 G. For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Authority shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly XxxxBill.

Appears in 1 contract

Samples: Project Development and Implementation Agreement

Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD HPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD HPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD HPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD HPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD HPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 2.9.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 2.9.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 2.9.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 2.9.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 2.9.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying entity under Article 10.5.44.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying entity and SPD SECI shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 2.9.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.44.4, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in PPA. 10.5.7 2.9.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying entity shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% undisputed amount of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer PROCURER does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD RPG within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer PROCURER disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD RPG agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD RPG shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD RPG does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer PROCURER providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer PROCURER under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer PROCURER and SPD RPG shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI PROCURER shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% undisputed amount of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 (i) If the Buyer ESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving by the Due Date, such Xxxx shall be taken as conclusiveconclusive subject to reconciliation as per Clause 6.8. 10.5.2 (ii) If the Buyer ESCOM disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) :  the details of the disputed amount; ii) its estimate ;  itsestimate of what the correct amount should be; and iii) and  all written material in support of its claim. 10.5.3 (iii) If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, Clause 6.7 (ii) the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 (iv) If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2Clause6.7 (ii), it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer ESCOM providing: i) reasons :  Reasons for its disagreement; ii) its ;  Its estimate of what the correct amount should be; and iii) all and  All written material in support of its counter-claim. 10.5.5 (v) Upon receipt of the Xxxx Disagreement Notice by the Buyer ESCOM under Article 10.5.4Clause 6.7 (iv), authorized representative(s) or a director of the board of directors/ member of board of the Buyer ESCOM and SPD shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 (vi) If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4Clause 6.7 (iv), the matter shall be referred to Dispute resolution in accordance with Article 1610. 10.5.7 (vii) For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI ESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 ‌ 13.7.1. If the Buyer ESCOM does not dispute a Monthly Xxxx Bill or a Supplementary Xxxx Bill raised by the SPD within fifteen (15) days of receiving Developer by the Due Date, such Xxxx Bill shall be taken as conclusiveconclusive subject to reconciliation as per Clause 13.8. 10.5.2 13.7.2. If the Buyer ESCOM disputes the amount payable under a Monthly Xxxx Bill or a Supplementary XxxxBill, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such XxxxBill, issue a notice (the "Xxxx Bill Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3. If the SPD Developer agrees to the claim raised in the Xxxx Bill Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Developer shall revise such Xxxx Bill and present along with the next Monthly XxxxBill. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4. If the SPD Developer does not agree to the claim raised in the Xxxx Bill Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Bill Dispute Notice, furnish a notice (Xxxx the “Bill Disagreement Notice) to the Buyer ESCOM providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 13.7.5. Upon receipt of the Xxxx Bill Disagreement Notice by the Buyer ESCOM under Article 10.5.4Clause 13.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer ESCOM and SPD Developer shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Bill Disagreement Notice. 10.5.6 13.7.6. If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Bill Disagreement Notice pursuant to Article 10.5.413.7.4, the matter shall be referred to Dispute resolution in accordance with Article 1618. 10.5.7 13.7.7. For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI ESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% the undisputed amount of the invoice amount in the Monthly XxxxBill.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 11.5.1 If the Buyer a Party does not dispute a Monthly Weekly Xxxx, Provisional Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen thirty (1530) days of receiving it, such Xxxx xxxx shall be taken as conclusive. 10.5.2 11.5.2 If the Buyer a Party disputes the amount payable under a Monthly Weekly Xxxx, Provisional Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall that Party shall, within fifteen seven (157) days of receiving such Xxxxxxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out:: Initials: __________ Initials: __________ Strictly Confidential Property of BioCrude Technologies, Inc. Power Purchase Agreement (PPA) i) i. the details of the disputed amount; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its claim. 10.5.3 11.5.3 If the SPD invoicing Party agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2clause 11.5.2, the SPD invoicing Party shall revise levies such Xxxx xxxx within seven (7) days of receiving such notice and present along with if the next Monthly Xxxxdisputing Party has already made the excess payment, refund to the disputing Party such excess amount within fifteen (15) days of receiving such notice. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, Surcharge which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refundreceived. 10.5.4 11.5.4 If the SPD invoicing Party does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2clause 11.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) i. reasons for its disagreement; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its counter-claim. 10.5.5 11.5.5 Upon receipt of notice of disagreement to the Xxxx Disagreement Dispute Notice by the Buyer under Article 10.5.4clause 11.5.4, authorized representative(s) or a director of the board of directors/ directors/member of board of the Buyer and SPD each Party shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt receiving such notice of disagreement to the Xxxx Disagreement Dispute Notice. 10.5.6 11.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of notice of disagreement to the Xxxx Disagreement Dispute Notice pursuant to Article 10.5.4, clause 11.5.4 the matter shall be referred to Dispute resolution Resolution in accordance with Article 16clause 17. 10.5.7 For the avoidance 11.5.7 In case of doubtDisputed Bills, it is clarified shall be open to the despite aggrieved party to approach the Appropriate Commission for Dispute Resolution in accordance with clause 17 and also for interim orders protecting its interest including for orders for interim payment pending Dispute Resolution and the Parties shall be bound by the decision of the Appropriate Commission, including in regard to interest or Late Payment Surcharge, if any directed to be paid by the Appropriate Commission. 11.5.8 If a Dispute regarding an invoicea Weekly Xxxx, SECI shall, without prejudice Provisional Xxxx or a Supplementary Xxxx is settled pursuant to its right to Dispute, be under an obligation to make payment of 50% clause 11.5.5 or by Dispute resolution mechanism provided in this Agreement in favour of the invoice amount in Party that issues a Xxxx Dispute Notice, the Monthly Xxxxother Party shall refund the amount, if any incorrectly charged and collected from the disputing Party or pay as required, within five (5) days of the Dispute either being amicably resolved by the Parties pursuant to clause 11.6.5 or settled by Dispute resolution mechanism along with interest at the same rate as Late Payment Surcharge from the date on which such payment had been made to the invoicing Party or the date on which such payment was originally due, as may be applicable.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD RPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD RPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD RPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD RPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD RPD shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties RPD or SPD do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen thirty days (1530) days of receiving such Xxxx, and it shall issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Entity and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Entity under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 2.7.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 2.7.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 2.7.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 2.7.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 2.7.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying entity under Article 10.5.44.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying entity and SPD SECI shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 2.7.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.44.4, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in PPA. 10.5.7 2.7.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD HPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD HPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD HPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD HPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD HPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD WPD within fifteen (15thirty(30) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD WPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD WPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD WPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD WPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI MAHAGENCO shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Discom does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Discom disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Discom and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Discom under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Discom and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Discom shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer NHPC disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount (subject to adjustment of applicable rebate for the said 95% payment) and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) and all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer NHPC providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer NHPC under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer NHPC and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

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Disputed Xxxx. 10.5.1 8.6.1 If the Buyer a Party does not dispute a Monthly Xxxx, Provisional Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 8.6.2 If the Buyer a Party disputes the amount payable under a Monthly Xxxx, Provisional Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall that Party shall, within fifteen thirty (1530) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 8.6.3 If the SPD invoicing Party agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.28.6.2, the SPD invoicing Party shall revise such Xxxx within seven (7) days of receiving the Xxxx Dispute Notice. The disputing Party shall thereafter within seven (7) Days of receiving the revised Xxxx from the invoicing Party, make the payment thereunder, and present along with if the next Monthly Xxxxdisputing Party has already made the excess payment, the invoicing Party shall refund to the disputing Party such excess amount within fifteen (15) days of receiving the Xxxx Dispute Notice. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 8.6.4 If the SPD invoicing Party does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.28.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 8.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer disputing Party under Article 10.5.48.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer disputing Party and SPD the invoicing Party shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 8.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.48.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1614. 10.5.7 8.6.7 In case of Disputed Bills, it shall be open to the aggrieved Party to approach the Appropriate Commission for Dispute resolution in accordance with Article 14 and also for interim orders protecting its interest including for orders for interim payment pending Dispute resolution and the Parties shall be bound by the decision of the Appropriate Commission, including in regard to interest or Late Payment Surcharge, if any directed to be paid by the Appropriate Commission. 8.6.8 If a Dispute regarding a Monthly Xxxx, Provisional Xxxx or a Supplementary Xxxx is settled pursuant to Article 8.6 or by the Dispute resolution mechanism provided in this Agreement in favour of the Party that issues a Xxxx Dispute Notice, the other Party shall refund the amount, if any incorrectly charged and collected from the disputing Party or pay as required, within five (5) days of the Dispute either being amicably resolved by the Parties pursuant to Article 8.6.5 or settled by Dispute resolution mechanism along with interest at the same rate as Late Payment Surcharge from the date on which such payment had been made to the invoicing Party or the date on which such payment was originally due, as may be applicable. 8.6.9 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Procurer shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% payment, of the invoice lower of (a) an amount equal to simple average of last three (3) Months Invoices (being the undisputed portion of such three Months’ invoices) and (b) Monthly Invoice which is being disputed, provided such Monthly Xxxx has been raised based on the REA and in the Monthly Xxxxaccordance with this Agreement.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer a Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer NDMC disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days Days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: (i) the details of the disputed amount; (ii) its estimate of what wha t the correct amount should be; and (iii) all written material in support of its claim. 10.5.3 If the SPD REPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD REPD shall revise such Xxxx and present along with the th e next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD REPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days Days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer NDMC providing: (i) reasons for its disagreement; (ii) its estimate of what the correct amount should be; and (iii) all written material in support of its counter-claimcounter -claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer NDMC under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer NDMC and SPD REPD shall meet and make best endeavours endeavors to amicably resolve such dispute within wit hin fifteen (15) days Days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days Days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute Disput e resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI NDMC shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disput ed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the The details of the disputed amount; ii) its Its estimate of what the correct amount should be; and iii) all All written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 7.7.1 If the Buyer Procurer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by Power Producer by the SPD within fifteen (15) days of receiving Due Date, such Xxxx shall be taken as conclusive. 10.5.2 7.7.2 If the Buyer Procurer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% within seven (7) Days of the invoice amount and it shall within fifteen (15) days receipt of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party Power Producer setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 7.7.3 If the SPD Power Producer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.27.7.2, the SPD Power Producer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 7.7.4 If the SPD Power Producer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.27.7.2, it shall, within fifteen seven (157) days Days of receiving the Xxxx Dispute Notice, furnish a notice (reply to Xxxx Disagreement Notice) Dispute Notice to the Buyer Procurer providing: ia) its reasons for its disagreementagainst dispute; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 7.7.5 Upon receipt of the reply to Xxxx Disagreement Dispute Notice from Power Producer, by the Buyer Procurer, under Article 10.5.47.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Procurer and SPD Power Producer shall meet and make best endeavours to amicably resolve such dispute within fifteen seven (157) days Days of receipt of the reply to the Xxxx Disagreement Dispute Notice. 10.5.6 7.7.6 If the Parties do not amicably resolve the Dispute within fifteen seven (157) days Days of receipt of reply to the Xxxx Disagreement Dispute Notice pursuant to Article 10.5.47.7.4, the matter shall be referred to Dispute resolution in accordance with Article 16ARTICLE 15:. 10.5.7 7.7.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Procurer shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50100% of the invoice undisputed amount in of the concerned Monthly Xxxx., and 90% of disputed amount under protest within fifteen (15) Business Days after the date of the receipt of the invoice. Once the dispute is settled, the correction amount shall be adjusted with the monthly interest rate of 1.50% computed on daily basis;

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 4.1 If the Buyer Discoms does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 4.2 If the Buyer Discoms disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) i. the details of the disputed amount; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its claim. 10.5.3 4.3 If the SPD NTPC agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24, the SPD NTPC shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 4.4 If the SPD NTPC does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.24.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) i. reasons for its disagreement; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its counter-claim. 10.5.5 4.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Discoms under Article 10.5.44.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Discoms and SPD NTPC shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 4.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.44.4, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in PPA. 10.5.7 4.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Discoms shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer NTPC disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount (subject to adjustment of applicable rebate for the said 95% payment) and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) i. the details of the disputed amount; ii) . its estimate of what the correct amount should be; and iii) . and all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer NTPC providing: i) i. reasons for its disagreement; ii) . its estimate of what the correct amount should be; and iii) . all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer NTPC under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer NTPC and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 2.9.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusiveconclusive and binding. 10.5.2 2.9.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 2.9.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.22.9.2, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 2.9.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, 2.9.2 it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 2.9.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying entity under Article 10.5.42.9.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying Entity and SPD SECI shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 2.9.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.42.9.5, the matter shall be referred to Dispute resolution in accordance with Article 16governing Laws and Dispute resolution in BESPA. 10.5.7 2.9.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying entity shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Battery Energy Storage Sale Agreement

Disputed Xxxx. 10.5.1 13.7.1. If the Buyer ESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Developer by the Due Date, such Xxxx shall be taken as conclusiveconclusive subject to reconciliation as per Clause 13.8. 10.5.2 13.7.2. If the Buyer ESCOM disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3. If the SPD Developer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Developer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4. If the SPD Developer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer ESCOM providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 13.7.5. Upon receipt of the Xxxx Disagreement Notice by the Buyer ESCOM under Article 10.5.4Clause 13.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer ESCOM and SPD Developer shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 13.7.6. If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.413.7.4, the matter shall be referred to Dispute resolution in accordance with Article 1618. 10.5.7 13.7.7. For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI ESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Utility does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Utility disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: : i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Utility under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying Utility and SPD SECI shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying Utility shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD WPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. For the avoidance of doubt, it is clarified the despite a Dispute regarding an Invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment, of the un-disputed amount in the Monthly Xxxx and for disputed amount, payment shall be made by either party after resolution of dispute along with late payment surcharges or interest as applicable from the due date of such payment. 10.5.3 If the SPD WPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD WPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD WPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD WPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% payment, of the invoice un-disputed amount in the Monthly XxxxXxxx and for disputed amount, payment shall be made by either party after resolution of dispute along with late payment surcharges or interest as applicable from the due date of such payment.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer a Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer a Party disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall that Party shall, within fifteen thirty (1530) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD invoicing Party agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD invoicing Party shall revise such Xxxx within seven (7) days of receiving the Xxxx Dispute Notice. The disputing Party shall thereafter within seven (7) Days of receiving the revised Xxxx from the invoicing Party, make the payment thereunder, and present along with if the next Monthly Xxxxdisputing Party has already made the excess payment, the invoicing Party shall refund to the disputing Party such excess amount within seven (7) days of receiving the Xxxx Dispute Notice. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD invoicing Party does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer disputing Party under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer disputing Party and SPD the invoicing Party shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 In case of Disputed Bills, it shall be open to the aggrieved Party to approach the Appropriate Commission for Dispute resolution in accordance with Article 16 and also for interim orders protecting its interest including for orders for interim payment pending Dispute resolution and the Parties shall be bound by the decision of the Appropriate Commission, including in regard to interest or Late Payment Surcharge, if any directed to be paid by the Appropriate Commission. 10.5.8 If a Dispute regarding a Monthly Xxxx or a Supplementary Xxxx is settled pursuant to Article 10.5 or by the Dispute resolution mechanism provided in this Agreement in favour of the Party that issues a Xxxx Dispute Notice, the other Party shall refund the amount, if any incorrectly charged and collected from the disputing Party or pay as required, within five (5) days of the Dispute either being amicably resolved by the Parties pursuant to Article 10.5.5 or settled by Dispute resolution mechanism along with interest at the same rate as Late Payment Surcharge from the date on which such payment had been made to the invoicing Party or the date on which such payment was originally due, as may be applicable. 10.5.9 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI NVVN shall, without prejudice to its its/ their right to Dispute, be under an obligation to make payment of 50% payment, of the invoice lower of (a) an amount in equal to simple average of last three (3) Months Invoices (being the Monthly Xxxx.undisputed portion of such three Months’ invoices) and

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 8.5.1 If the Buyer a Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive.; 10.5.2 8.5.2 If the Buyer a Party disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may bethat such Party shall, it shall pay 50% of the invoice amount and it shall within fifteen seven (157) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 8.5.3 If the SPD invoicing Party agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.28.5.2, the SPD invoicing Party shall revise such Xxxx within seven (7) days of receiving the Xxxx Dispute Notice. The disputing Party shall thereafter within seven (7) Days of receiving the revised Xxxx from the invoicing Party, make the payment thereunder, and present along with if the next Monthly Xxxxdisputing Party has already made the excess payment, the invoicing Party shall refund to the disputing Party such excess amount within fifteen (15) days of receiving the Xxxx Dispute Notice. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 8.5.4 If the SPD invoicing Party does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.28.5.2, it shall, within fifteen seven (157) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 8.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer disputing Party under Article 10.5.48.5.4, authorized representative(s) or a director of the board of directors/ member of board of disputing Party and the Buyer and SPD invoicing Party shall meet in person/ discuss on phone (minutes to be prepared by the invoicing Party and sent to the disputing Party for records) and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 8.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.48.5.4, the matter shall be referred to Dispute resolution in accordance with settled during Quarterly Reconciliation as per Article 168. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer BBMB does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer BBMB disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer BBMB providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer BBMB under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer BBMB and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI BBMB shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD BESSD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen thirty (1530) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD BESSD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD BESSD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD BESSD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD BESSD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Battery Energy Storage Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD HPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD HPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD HPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD HPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD HPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party Part y setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Entity and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Entity under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Utility does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Utility disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD SECI agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD SECI shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Utility and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD SECI does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Utility under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Buying Utility and SPD SECI shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Buying Utility shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving WPD by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD WPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD WPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD WPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD WPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buyer shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer does DISCOMdo not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD RPG within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes DISCOMdispute the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% undisputed amount of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) : the details of the disputed amount; ii) ; its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD RPG agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2Article10.5.2, the SPD RPG shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD RPG does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer DISCOM/RUVN providing: i) : reasons for its disagreement; ii) ; its estimate of what the correct amount should be; and and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer DISCOM/RUVN under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer DISCOM/RUVN and SPD RPG shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI DISCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% undisputed amount of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD RPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD RPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD RPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD RPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD RPD shall meet and make best endeavours endeavors to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer SECI does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen thirty (1530) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer SECI disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer SECI providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer SECI under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer SECI and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 8.7.1 If the Buyer Procurer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by Power Producer by the SPD within fifteen (15) days of receiving Due Date, such Xxxx shall be taken as conclusive. 10.5.2 8.7.2 If the Buyer Procurer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% within seven (7) Days of the invoice amount and it shall within fifteen (15) days receipt of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party Power Producer setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 8.7.3 If the SPD Power Producer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2Article8.7.2, the SPD Power Producer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 8.7.4 If the SPD Power Producer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2Article8.7.2, it shall, within fifteen seven (157) days Days of receiving the Xxxx Dispute Notice, furnish a notice (reply to Xxxx Disagreement Notice) Dispute Notice to the Buyer Procurer providing: ia) its reasons for its disagreementagainst dispute; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 8.7.5 Upon receipt of the reply to Xxxx Disagreement Dispute Notice from Power Producer, by the Buyer Procurer, under Article 10.5.4Article8.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Procurer and SPD Power Producer shall meet and make best endeavours to amicably resolve such dispute within fifteen seven (157) days Days of receipt of the reply to the Xxxx Disagreement Dispute Notice. 10.5.6 8.7.6 If the Parties do not amicably resolve the Dispute within fifteen seven (157) days Days of receipt of reply to the Xxxx Disagreement Dispute Notice pursuant to Article 10.5.4Article8.7.4, the matter shall be referred to Dispute resolution in accordance with Article ARTICLE 16:. 10.5.7 8.7.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Procurer shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50100% of the invoice undisputed amount in of the concerned Monthly Xxxx., and 90% of disputed amount under protest within fifteen (15) Business Days after the date of the receipt of the invoice. Once the dispute is settled, the correction amount shall be adjusted with the monthly interest rate of 1.50% computed on daily basis;

Appears in 1 contract

Samples: Power Purchase Agreement (Ppa)

Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD HPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its claim. 10.5.3 If the SPD HPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD HPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD HPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD HPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoiceInvoice, SECI Buyer shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Discom does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Discom disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD NVVN agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD NVVN shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Discom and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD NVVN does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Discom under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Discom and SPD NVVN shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI the Discom shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 6.6.1 If the Buyer Buying Entity does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive. 10.5.2 6.6.2 If the Buyer Buying Entity disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and and iii) iii) all written material in support of its claim. 10.5.3 6.6.3 If the SPD Buyer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, the SPD Buyer shall revise such Xxxx and present along with make appropriate adjustment in the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party Buying Entity and up to and including the date on which such payment has been received as refund. 10.5.4 6.6.4 If the SPD Buyer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.26.6.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer disputing Party providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and and iii) all written material in support of its counter-claim. 10.5.5 6.6.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Buying Entity under Article 10.5.46.6.4, authorized representative(s) or a director of the board of directors/ member of board of the Buying Entity and Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 6.6.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.46.6.4, the matter shall be referred to Dispute resolution in accordance with Article 1612. 10.5.7 6.6.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Buying Entity shall, without prejudice to its right to Dispute, be under an obligation to make payment payment, of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Sale Agreement

Disputed Xxxx. 10.5.1 If the Buyer Electricity Department Daman does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer Electricity Department Daman disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer Electricity Department Daman providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer Electricity Department Daman under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer Electricity Department Daman and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI Electricity Department Daman shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 13.7.1 If the Buyer BESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving Solar Power Developer by the Due Date, such Xxxx shall be taken as conclusiveconclusive subject to reconciliation as per Clause 13.8. 10.5.2 13.7.2 If the Buyer BESCOM disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: ia) the details of the disputed amount; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its claim. 10.5.3 13.7.3 If the SPD Solar Power Developer agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, the SPD Solar Power Developer shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 13.7.4 If the SPD Solar Power Developer does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.213.7.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (the “Xxxx Disagreement Notice) to the Buyer BESCOM providing: ia) reasons for its disagreement; iib) its estimate of what the correct amount should be; and iiic) all written material in support of its counter-claim. 10.5.5 13.7.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer BESCOM under Article 10.5.4Clause 13.7.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer BESCOM and SPD Solar Power Developer shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 13.7.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.413.7.4, the matter shall be referred to Dispute resolution in accordance with Article 1618. 10.5.7 13.7.7 For the avoidance of doubt, it is clarified the that despite a Dispute regarding an invoiceInvoice, SECI BESCOM shall, without prejudice to its right to Dispute, be under an obligation to make payment of 5095% of the invoice amount Disputed Amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

Disputed Xxxx. 10.5.1 If the Buyer Party does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving other Party by the Due Date, such Xxxx shall be taken as conclusive. 10.5.2 If the Buyer NTPC disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 5095% of the invoice disputed amount (subject to adjustment of applicable rebate for the said 95% payment) and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out: i) the details of the disputed amount; ii) its estimate of what the correct amount should be; and iii) and all written material in support of its claim. 10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was paymentwas made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund. 10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer NTPC providing: i) reasons for its disagreement; ii) its estimate of what the correct amount should be; and iii) all written material in support of its counter-claim. 10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer NTPC under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer NTPC and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice. 10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16. 10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.

Appears in 1 contract

Samples: Power Purchase Agreement

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