Inaccuracy. Inaccuracy of a device exceeding the permissible tolerances shall require correction of previous recordings, and computations made on the basis of those recordings, to zero error with respect to any period which is definitely known or agreed upon by the Parties as well as adjustment of the device. All invoices issued during such period shall be amended accordingly to reflect such correction, and an adjustment in payment shall be made between Customer and SABINE. If the period of error is neither known nor agreed upon, and there is no evidence as to the duration of such period of error, corrections shall be made and invoices amended for each receipt of LNG made during the last half of the period since the date of the most recent calibration of the inaccurate device. However, the provisions of this Paragraph 3 shall not be applied to require the modification of any invoice that has become final pursuant to Section 11.7.
Inaccuracy. If a Meter is determined to be inaccurate and such inaccuracy exceeds industry standard tolerance allowances or as defined by the CPUC for electric Meters and if the date that such inaccuracy commenced is known, then all invoices since the date on which such inaccuracies began shall be corrected. If it is unknown when the Meter inaccuracy commenced, then the invoices covering the period of time since the last Meter test shall be adjusted for the amount of the inaccuracy on the assumption that the inaccuracy persisted during the full period. Adjustments which benefit the Judicial Council shall be reflected on the next invoice following the date of determination of the inaccuracy. Adjustments which benefit Licensee shall be included on Licensee’s next invoice to the Judicial Council.
Inaccuracy. Company shall immediately notify Multex of any suspected inaccuracies in the Documents or the Services.
Inaccuracy. Within 30 days after receipt of CTH’s notice under this audit provision, CONSOL shall notify CTH if CONSOL disputes the results of the audit. CONSOL’s failure to notify CTH of such dispute within such time period shall be deemed to be agreement with the audit results. If CONSOL timely notifies CTH that it disputes the audit results, then each of CONSOL and CTH shall designate a representative, and, not later than 10 Business Days from such selection, such representatives shall meet in an effort to resolve such disputed audit results. Such representatives shall attempt to agree on a resolution of such dispute within 10 Business Days from meeting. Upon such deadline, if no consensual resolution has been reached, either Party may cause such dispute to be submitted to arbitration in accordance with Section 2.9. This Section 2.8 shall survive the expiration or termination of this Agreement for a period of 24 months.
Inaccuracy. Upon any calibration, if it is determined that the accuracy envelope of such Meter(s) is found to be lower than ninety-five percent (95%) or higher than one hundred five percent (105%) expressed as a percentage of the full scale of the Meter(s), or Meter(s) fail to perform to AWWA water metering standards (whichever is more restrictive), then the registration of the flow as determined by such defective Meter(s) shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. In the event it is determined that there are inaccuracies with any Meter, Arlington shall debit or credit Kennedale’s invoice in the subsequent month, as appropriate, to reflect Kennedale’s prior overpayments or underpayments. Arlington shall debit or credit Kennedale’s account in an amount equal to the difference between the amount actually paid by Kennedale and the amount that should have been paid by Kennedale, as determined by the corrected registration of the flow of the inaccurate Meter during the period of inaccuracy as determined in this subsection. Payment adjustments for inaccurate flow measurements will be applied to volume charges only. The Meter(s) will be properly sealed, and the seals shall not be broken unless representatives of both Kennedale and Arlington have been notified and given a reasonable opportunity to be present.
Inaccuracy. (a) If any testing of the metering equipment shows that it has an inaccuracy of more than 0.2% or is otherwise faulty, the metering equipment shall be made accurate or replaced as soon as possible.
(b) Seller and Buyer shall cooperate to determine the actual volume of Delivered Electricity during the period (the Adjustment Period) ending on the date of the testing and beginning on the later of:
i. the most recent date on which the metering equipment was tested and confirmed to be accurate; and
ii. the date falling three months before the date of testing, by reference to the Buyer's records, the fault or inaccuracy identified, the Facility's records and such other information as may be available.
(c) Any variation between Delivered Electricity included in an invoice for part or all of the Adjustment Period and that determined in accordance with paragraph a) above shall be corrected in the next invoice with a corresponding payment made to or from the Seller.
Inaccuracy. (a) The Company shall notify Multex promptly after discovery by Company of any suspected inaccuracies in the Research or the Services.
(b) Multex shall notify the Company promptly after discovery by Multex of any suspected inaccuracies in the Research or the Services.
Inaccuracy. Absent Manifest Error, and subject to the foregoing, such measurements shall be binding and conclusive on the Parties.
Inaccuracy. If a disclosure required to be made by a merchant to a consumer under § 57104 of this Chapter becomes inaccurate as the result of any mutual written agreement between the merchant and such consumer occurring after delivery of the required disclosure to such consumer under this Chapter, the resulting inaccuracy is not a violation of this Chapter.
Inaccuracy. If after a payment has been made pursuant to a Statement or this Agreement which was undisputed at the time of payment it is determined that the amount paid did not accurately reflect the payment which should have been made in accordance with this Agreement, the necessary adjustment will be made on the next Monthly Statement after such determination and interest at the Default Rate less [THIS PARAGRAPH CONTAINS CONFIDENTIAL INFORMATION WHICH HAS BEEN OMITTED, BUT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] % per annum will be payable on the amount of the adjustment, from (and including) the date when such amount was paid or should have been paid, as the case may be, to (but excluding) the date of payment of the adjustment. -------------------------------------------------------------------------------- 9. GAS MEASURING AND TESTING -------------------------------------------------------------------------------- The provisions relating to the measuring and testing of gas for the purposes of this Agreement are as set out in Schedule 8 of the Principal Contract. Gascor must not agree to a change in that Schedule without the consent of the Buyer (whose consent must not be unreasonably withheld or delayed). -------------------------------------------------------------------------------- 10. GAS SPECIFICATION --------------------------------------------------------------------------------
(a) Gascor must deliver Gas to the Buyer at the Point of Delivery.
(b) Unless and until Gascor requires the Sellers to suspend deliveries of Off Specification Gas in accordance with the Principal Contract, all Off Specification Gas which is delivered at the Point of Delivery will be deemed to be Gas.
