Common use of Failure to Maintain Telecommunication Line Clause in Contracts

Failure to Maintain Telecommunication Line. If the telecommunication line required to be maintained by CSG SO pursuant to Section 5.2 is inactive or non-operational during any Production Month when Black Hills Energy attempts to access measurement data from the telemetry equipment on the Production Meter, CSG SO shall be required to pay an amount equal to the Company’s fully loaded actual costs of labor and transportation (“Trip Charges”). If the telecommunication line is inactive or non-operational for three consecutive Production Months, then, in addition to the applicable Trip Charges, all energy produced and delivered from the CSG PV System shall be treated and priced as unsubscribed energy hereunder effective as of the first calendar day of such third Production Month and continuing until the subsequent Production Month during which the telecommunication line is made operational and active. CSG SO’s payment of Trip Charges hereunder shall be due within thirty (30) days from the date a xxxx is presented to CSG SO by Black Hills Energy. If CSG SO does not make payment in full within that time, the unpaid balance shall bear interest at the rate of one and one half percent (1.5%) per month to be invoiced monthly.

Failure to Maintain Telecommunication Line. If the telecommunication line required to be maintained by CSG SO pursuant to Section 5.2 is inactive or non-operational during any Production Month when Black Hills Energy attempts to access measurement data from the telemetry equipment on the Production Meter, CSG SO shall be required to pay an amount equal to the Company’s fully loaded actual costs of labor and transportation (“Trip Charges”). If the telecommunication line is inactive or non-operational for three consecutive Production Months, then, in addition to the applicable Trip Charges, all energy produced and delivered from the CSG PV System shall be treated and priced as unsubscribed energy hereunder effective as of the first calendar day of such third Production Month and continuing until the subsequent Production Month during which the telecommunication line is made operational and active. CSG SO’s payment of Trip Charges hereunder shall be due within thirty (30) days from the date a xxxx bill is presented to CSG SO by Black Hills Energy. If CSG SO does not make payment in full within that time, the unpaid balance shall bear interest at the rate of one and one half percent (1.5%) per month to be invoiced monthly.