Common use of Expiry of Claims Clause in Contracts

Expiry of Claims. Each Party shall cease to be entitled to any additional payment or refund in respect of the Provisional Monthly Charge or Reconciled Primary Charges relating to any Month on the expiry of twenty-four Months from the end of the Month in respect of the Month first mentioned, except insofar as such additional payment or refund: 8.9.1 Where properly due, has not been paid within that twenty-four Month period; 8.9.2 has been the subject of a referral for resolution in accordance with Clause 25 (Dispute Resolution); or 8.9.3 arises as a result of alterations to data or factual items required to calculate such Provisional Monthly Charge or Reconciled Primary Charges, provided that this sub- paragraph 8.9.3 shall not exclude an additional payment or refund arising as a result of incorrect reading of a meter or incorrect meter registration to which section 54(3) of the Water (Scotland) Xxx 0000 applies. Notwithstanding termination of this Agreement, this Agreement shall remain in force for the purpose of enforcing this Clause 8.9.

Appears in 5 contracts

Samples: Wholesale Services Agreement, Wholesale Services Agreement, Wholesale Services Agreement

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Expiry of Claims. odma\pcdocs\practice\5333461\7d Each Party shall cease to be entitled to any additional payment or refund in respect of the Provisional Monthly Charge or Reconciled Primary Charges relating to any Month on the expiry of twenty-four Months from the end of the Month in respect of the Month first mentioned, except insofar as such additional payment or refund: 8.9.1 Where properly due, has not been paid within that twenty-four Month period; 8.9.2 has been the subject of a referral for resolution in accordance with Clause 25 (Dispute Resolution); or 8.9.3 arises as a result of alterations to data or factual items required to calculate such Provisional Monthly Charge or Reconciled Primary Charges, provided that this sub- paragraph 8.9.3 shall not exclude an additional payment or refund arising as a result of incorrect reading of a meter or incorrect meter registration to which section 54(3) of the Water (Scotland) Xxx 0000 applies. Notwithstanding termination of this Agreement, this Agreement shall remain in force for the purpose of enforcing this Clause 8.9.

Appears in 1 contract

Samples: Wholesale Services Agreement

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Expiry of Claims. Each Party shall cease to be entitled to any additional payment or refund in respect of the Provisional Monthly Charge or Reconciled Primary Charges relating to any Month (“Month X”) on the expiry of twenty-four Months from the end of the Month X, i.e. from the beginning of Month X+25 in respect of the Month first mentioned, except insofar as such additional payment or refund: 8.9.1 Where properly due, has not been paid within that twenty-four Month period; 8.9.2 has been the subject of a referral for resolution in accordance with Clause 25 (Dispute Resolution); or 8.9.3 arises as a result of alterations to data or factual items required to calculate such Provisional Monthly Charge or Reconciled Primary Charges, provided that this sub- paragraph 8.9.3 shall not exclude an additional payment or refund arising as a result of incorrect reading of a meter or incorrect meter registration to which section 54(3) of the Water (Scotland) Xxx 0000 applies. Notwithstanding termination of this Agreement, this Agreement shall remain in force for the purpose of enforcing this Clause 8.9.

Appears in 1 contract

Samples: Wholesale Services Agreement

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