Common use of Invoice and Payment Process Clause in Contracts

Invoice and Payment Process. (a) As soon as practicable after the end of each Showing Month, Seller will render to Buyer an invoice for the payment obligations, if any, incurred hereunder with respect to such Showing Month. (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. Within thirty (a30) As soon as practicable calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. . Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (b50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or month (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. ), or (cii) the tenth (10th) Business Day after receipt of Seller’s invoice and Demonstrated Capacity. Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) . Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) . Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) . Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or month (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day), or (ii) the tenth (10th) Business Day after receipt of Seller’s invoice and Demonstrated Capacity. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, billxxxx, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, billxxxx, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable after the end of each Showing Month, Seller will render to Buyer an invoice for the payment obligations, if any, incurred hereunder with respect to such Showing Month. (b) . Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) . Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) . Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) . Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) . Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) . With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) . With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable after the end of each Showing Month, Seller will render to Buyer an invoice for the payment obligations, if any, incurred hereunder with respect to such Showing Month. (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint ResourcePDR, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource PDR which, when added together, exceed the total capacity of the Joint ResourcePDR, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource PDR until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint ResourcePDR, if such Joint ResourcePDR’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint ResourcePDR’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint ResourcePDR’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint ResourcePDR’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint ResourcePDR’s type of Product capacity based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, capacity accordingly.

Invoice and Payment Process. (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or month (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day), or (ii) the tenth (10th) Business Day after receipt of Seller’s invoice and Demonstrated Capacity. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, billxxxx, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, billxxxx, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution.resolution.‌‌‌ (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. Within thirty (a30) As soon as practicable calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. . Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (b50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) . Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) . Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) . Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) . Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) . With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) . With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC QC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d1.6(g), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. ‌ (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or month (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day), or (ii) the tenth (10th) Business Day after receipt of Seller’s invoice and Demonstrated Capacity. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC QC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d1.6(h), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable No later than thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will shall render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing MonthMonth in accordance with Section 1.6. Seller’s failure to render any invoice by the deadline set forth herein, if such failure is not remedied within three (3) Business Days after Notice of such failure is given by the Buyer, shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day Business Day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business DayCapacity. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC QC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d1.6(h), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. Within thirty (a30) As soon as practicable calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. . Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (b50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) . Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) . Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) . Either Party may, in good faith, dispute the correctness of any invoice, billxxxx, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, billxxxx, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) . Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) . With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) . With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC QC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d1.6(g), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable after the end of each Showing Month, Seller will render to Buyer an invoice for the payment obligations, if any, incurred hereunder with respect to such Showing Month. (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, billxxxx, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, billxxxx, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or month (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day), or (ii) the tenth (10th) Business Day after receipt of Seller’s invoice and Demonstrated Capacity. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. ‌ (a) As soon as practicable after the end of each Showing Month, Seller will render to Buyer an invoice for the payment obligations, if any, incurred hereunder with respect to such Showing Month. (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint ResourcePDR, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource PDR which, when added together, exceed the total capacity of the Joint ResourcePDR, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource PDR until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint ResourcePDR, if such Joint ResourcePDR’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint ResourcePDR’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint ResourcePDR’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint ResourcePDR’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint ResourcePDR’s type of Product capacity based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, capacity accordingly.

Invoice and Payment Process. (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or month (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day), or (ii) the tenth (10th) Business Day after receipt of Seller’s invoice and Demonstrated Capacity. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution.resolution.‌‌‌ (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) day of each month, or (ii) the tenth (10th) day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC QC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d1.6(g), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.

Invoice and Payment Process. (a) As soon as practicable Within thirty (30) calendar days after Seller has received Revenue Quality Meter Data for at least ninety-five percent (95%) of all intervals required for settlement of the end of each DRAM Resource for the applicable Showing Month, Seller will render to Buyer an invoice for the Demonstrated Capacity and associated payment obligationsamount due, if any, incurred hereunder with respect to such Showing Month. Seller’s failure to render any invoice on or before the deadline set forth herein shall be deemed to be a submission by the Seller of a DC Dispatch-based invoice with Demonstrated Capacity at an amount below fifty percent (50%) of the Qualifying Capacity for the applicable Showing Month (i.e., within the “forfeiture” payment band in the chart in Section 4.1). (b) Buyer will pay Seller all undisputed invoice amounts on or before the later of (i) the twentieth (20th) calendar day of each month, or (ii) the tenth (10th) calendar day after receipt of Seller’s invoice and Demonstrated Capacity or, if such day is not a Business Day, then on the next Business Day. (c) Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any amounts not paid by the due date will be deemed delinquent and will accrue interest at the Cash Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. (d) Buyer may offset against any future payments by any amount(s) that were previously overpaid. (e) Either Party may, in good faith, dispute the correctness of any invoice, bill, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, bill, charge, or adjustment to an invoice, was rendered. Disputes are subject to the provisions of Article 10 below. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within ten (10) Business Days of such resolution. (f) Buyer may deduct any amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer under this Agreement. (g) With respect to any Joint Resource, if Seller and any third party both submit claims to Buyer for payment with respect to such Joint Resource which, when added together, exceed the total capacity of the Joint Resource, Buyer shall not be obligated to make payment to Seller in respect of such Joint Resource until Seller reconciles the error with such third party and Seller re-submits the corrected invoice to Buyer. (h) With respect to a Joint Resource, if such Joint Resource’s Demonstrated Capacity for a particular type of Product in any Showing Month is less than such Joint Resource’s assigned NQC and/or EFC QC for such type of Product (as set forth in Exhibit C), Seller shall have the right to demonstrate to Buyer the Joint Resource’s actual performance, and shall be compensated in accordance with Section 1.6. In the event Buyer finds Seller’s demonstration inconclusive, the Joint Resource’s total capacity shall be allocated pro-rata among the parties with rights to a portion of such Joint Resource’s type of Product based on the information required to be provided in Section 1.6(d1.6(g), and Seller’s compensation shall be calculated using its percentage allocation of such PDR’s or RDRR’s capacity, accordingly.