Common use of Invoice Statement Clause in Contracts

Invoice Statement. Subject to Section 6.2, AEP Ohio and the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) For each Billing Period, AEP Ohio will prepare and provide an invoice to the XXXX Supplier, which will show (i) amounts due to the XXXX Supplier equal to the Price multiplied by the Estimated Monthly Energy Share, (ii) the Energy Share Adjustment from any prior Billing Period that have not been invoiced, if any, and (iii) all Charges due to AEP Ohio incurred during the Billing Period (the “Billing Statement”). (b) AEP Ohio will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing AEP Ohio, AEP Ohio will specify in each Billing Statement the amounts to be allocated to the XXXX Supplier. In the case of the Energy Share Adjustment, the allocation will be based on the respective XXXX Loads of AEP Ohio. (c) The Billing Statement will be sent to the XXXX Supplier within six (6) Business Days after the end of the Billing Period. (d) AEP Ohio or the XXXX Supplier, as the case may be, will make payment on or before the twentieth (20th) day of each calendar month. If such day falls on a Saturday, Sunday or any other day which is a legal holiday or a day on which banking institutions are closed, payment will be due the following Business Day. All such payments shall be made by electronic transfer to an account designated in writing by each respective Party. (e) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) the end of the Term or (ii) the Early Termination Date. (f) Overdue payments shall accrue interest at the Interest Rate from, and including, the due date, but excluding date of payment. (g) If a good faith dispute arises between AEP Ohio and the XXXX Supplier regarding a Billing Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Billing Statement, if any, no later than the due date and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Billing Statement in dispute. Billing Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 11. Upon resolution of a Billing Statement dispute, any payments made to either Party will include interest at the Interest Rate on the payment payable from the date that notice of a Billing Statement dispute was received by the non-disputing Party. (h) Notwithstanding anything to the contrary contained in this Section 6.1, the determination of the allocation to the XXXX Supplier of amounts due and owing to AEP Ohio, as set forth in a Billing Statement, will be final and binding, absent manifest error.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

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Invoice Statement. Subject to Section 6.2, AEP Ohio and the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) For each Billing Period, AEP Ohio will prepare and provide an invoice to the XXXX Supplier, which will show (i) amounts due to the XXXX Supplier equal to the Price multiplied by the Estimated Monthly Energy Share, (ii) the Energy Share Adjustment from any prior Billing Period that have not been invoiced, if any, and (iii) all Charges due to AEP Ohio incurred during the Billing Period (the “Billing Statement”). (b) AEP Ohio will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing AEP Ohio, AEP Ohio will specify in each Billing Statement the amounts to be allocated to the XXXX Supplier. In the case of the Energy Share Adjustment, the allocation will be based on the respective XXXX Loads of AEP Ohio. (c) The Billing Statement will be sent to the XXXX Supplier within six (6) Business Days after the end of the Billing Period. (d) AEP Ohio or the XXXX Supplier, as the case may be, will make payment on or before the twentieth (20th) day of each calendar month. If such day falls on a Saturday, Sunday or any other day which is a legal holiday or a day on which banking institutions are closed, payment will be due the following Business Day. All such payments shall be made by electronic transfer to an account designated in writing by each respective Party. (e) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of of (i) the end of the Term or (ii) the Early Termination Date. (f) Overdue payments shall accrue interest at the Interest Rate from, and including, the due date, but excluding date of payment. (g) If a good faith dispute arises between AEP Ohio and the XXXX Supplier regarding a Billing Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Billing Statement, if any, no later than the due date and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Billing Statement in dispute. Billing Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 11. Upon resolution of a Billing Statement dispute, any payments made to either Party will include interest at the Interest Rate on the payment payable from the date that notice of a Billing Statement dispute was received by the non-disputing Party. (h) Notwithstanding anything to the contrary contained in this Section 6.1, the determination of the allocation to the XXXX Supplier of amounts due and owing to AEP Ohio, as set forth in a Billing Statement, will be final and binding, absent manifest error.

Appears in 1 contract

Samples: Supply Agreement

Invoice Statement. Subject to Section 6.2, AEP Duke Energy Ohio and the XXXX each SSO Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) For each Billing Period, AEP Duke Energy Ohio will prepare and provide an invoice to the XXXX each SSO Supplier, which will show (i) amounts due to the XXXX SSO Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the Estimated Monthly Energy Share, (ii) the Energy Share Adjustment from any prior such Billing Period that have not been invoicedPeriod, if any, and (iii) all Charges due to AEP Duke Energy Ohio incurred during the Billing Period (the “Billing Statement”). (b) AEP Duke Energy Ohio will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing AEP Duke Energy Ohio, AEP Duke Energy Ohio will specify in each Billing Statement how the amounts to will be allocated to among the XXXX SupplierSSO Suppliers. In the case of the Energy Share Adjustment, the allocation will be based on the respective XXXX SSO Loads of AEP Duke Energy Ohio. (c) The Billing Statement will be sent to the XXXX each SSO Supplier within six (6) Business Days after the end of the Billing Period. (d) AEP Duke Energy Ohio or the XXXX SSO Supplier, as the case may be, will make payment on or before the twentieth (20th) day of each calendar month. If such day falls on a Saturday, Sunday or any other day which is a legal holiday or a day on which banking institutions are closed, payment will be due the following Business Day. All such payments shall be made by electronic transfer to an account designated in writing by each respective Party. (e) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) the end of the Term or (ii) the Early Termination Date. (f) Overdue payments shall accrue interest at the Interest Rate from, and including, the due date, but excluding date of payment. (g) If a good faith dispute arises between AEP Duke Energy Ohio and the XXXX SSO Supplier regarding a Billing Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Billing Statement, if any, no later than the due date and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Billing Statement in dispute. Billing Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 11. Upon resolution of a Billing Statement dispute, any payments made to either Party will include interest at the Interest Rate on the payment payable from the date that notice of a Billing Statement dispute was received by the non-disputing Party. (h) Notwithstanding anything to the contrary contained in this Section 6.1, the determination of the allocation to the XXXX Supplier among SSO Suppliers of amounts due and owing to AEP Duke Energy Ohio, as set forth in a Billing Statement, will be final and binding, absent manifest error.

Appears in 1 contract

Samples: Supply Agreement

Invoice Statement. Subject to Section 6.28.2, AEP Ohio DP&L and the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) For for each Billing PeriodMonth, AEP Ohio DP&L will prepare and provide an invoice to the XXXX Supplier, which will show (i) amounts due to the XXXX Supplier equal to the Price multiplied by the Estimated Monthly Energy SharePMEA, (ii) the Energy Share PMEA/FMEA Adjustment from any prior such Billing Period that have not been invoicedMonth, if any, and (iii) all Charges due to AEP Ohio DP&L incurred during the Billing Period Month (the “Billing Statement”). (b) AEP Ohio . DP&L will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing AEP Ohio, AEP Ohio will specify in each Billing Statement the amounts to be allocated to the XXXX Supplier. In the case of the Energy Share Adjustment, the allocation will be based on the respective XXXX Loads of AEP Ohio. (cb) The Billing Statement will be sent to the XXXX Supplier within six (6) Business Days after the end of the Billing PeriodMonth as provided in Section 13.1. (dc) AEP Ohio DP&L or the XXXX Supplier, as the case may be, will make payment on or before the twentieth first (20th1st) Business Day after the nineteenth (19th) day of each calendar month. If such day falls on a Saturday, Sunday or any other day which is a legal holiday or a day on which banking institutions are closed, payment will be due the following Business Day. All such payments shall be made by electronic transfer to an account designated in writing by each respective Party. (ed) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of of (i) the end of the Term or (ii) the Early Termination Date. (fe) Overdue DP&L or the XXXX Supplier, as the case may be, shall make payments shall accrue interest at of funds by electronic transfer to a bank designated by DP&L and the Interest Rate fromXXXX Supplier, and including, the due date, but excluding date of paymentas applicable. (gf) If a good faith dispute arises between AEP Ohio DP&L and the XXXX Supplier regarding a Billing Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Billing Statement, if any, no later than the due date and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Billing Statement in dispute. Billing Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 1110. Upon resolution of a Billing Statement dispute, any payments made to either Party will include simple interest at the Interest Rate on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Billing Statement dispute was received by the non-disputing Party. (hg) Notwithstanding anything to the contrary contained in this Section 6.1, the determination of the allocation If payment is made to the XXXX Supplier of amounts after the due and owing to AEP Ohio, as set forth in a Billing date shown on the Statement, a late fee will be final added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Chase (or, if not available, another financial institution selected by DP&L) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and binding, absent manifest errorrecords of DP&L. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date.

Appears in 1 contract

Samples: Supply Agreement

Invoice Statement. Subject to Section 6.28.2, AEP Ohio DP&L and the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) For for each Billing PeriodMonth, AEP Ohio DP&L will prepare and provide an invoice to the XXXX Supplier, which will show (i) amounts due to the XXXX Supplier equal to the Price multiplied by the Estimated Monthly Energy SharePMEA, (ii) the Energy Share PMEA/FMEA Adjustment from any prior such Billing Period that have not been invoicedMonth, if any, and (iii) all Charges due to AEP Ohio DP&L incurred during the Billing Period Month (the “Billing Statement”). (b) AEP Ohio . DP&L will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing AEP Ohio, AEP Ohio will specify in each Billing Statement the amounts to be allocated to the XXXX Supplier. In the case of the Energy Share Adjustment, the allocation will be based on the respective XXXX Loads of AEP Ohio. (cb) The Billing Statement will be sent to the XXXX Supplier within six (6) Business Days after the end of the Billing PeriodMonth as provided in Section 13.1. (dc) AEP Ohio DP&L or the XXXX Supplier, as the case may be, will make payment on or before the twentieth first (20th1st) Business Day after the nineteenth (19th) day of each calendar month. If such day falls on a Saturday, Sunday or any other day which is a legal holiday or a day on which banking institutions are closed, payment will be due the following Business Day. All such payments shall be made by electronic transfer to an account designated in writing by each respective Party. (ed) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of of (i) the end of the Term or (ii) the Early Termination Date. (fe) Overdue DP&L or the XXXX Supplier, as the case may be, shall make payments shall accrue interest at of funds by electronic transfer to a bank designated by DP&L and the Interest Rate fromXXXX Supplier, and including, the due date, but excluding date of paymentas applicable. (gf) If a good faith dispute arises between AEP Ohio DP&L and the XXXX Supplier regarding a Billing Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Billing Statement, if any, no later than the due date and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Billing Statement in dispute. Billing Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 1110. Upon resolution of a Billing Statement dispute, any payments made to either Party will include simple interest at the Interest Rate on the payment at the lower of the Interest Index or six percent (6%) per annum payable from the date that notice of a Billing Statement dispute was received by the non-disputing Party. (hg) Notwithstanding anything to the contrary contained in this Section 6.1, the determination of the allocation If payment is made to the XXXX Supplier of amounts after the due and owing to AEP Ohio, as set forth in a Billing date shown on the Statement, a late fee will be final added to the unpaid balance until the entire Statement is paid. This late fee will be calculated at the prime rate X.X. Xxxxxx Chase (or, if not available, another financial institution selected by DP&L) charges commercial borrowers. (h) In the event of a good faith dispute regarding any Statement, the XXXX Supplier will have the right to verify, at its sole expense, the accuracy of the Statement or the calculation of the payment due by obtaining copies of the relevant portions of the books and binding, absent manifest errorrecords of DP&L. The right of verification will survive for one (1) year following the earlier of (i) the end of the Term or (ii) the Early Termination Date.

Appears in 1 contract

Samples: Supply Agreement

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Invoice Statement. Subject to Section 6.2, AEP Ohio and the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) For each Billing Period, AEP Ohio will prepare and provide an invoice to the XXXX Supplier, which will show (i) amounts due to the XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the Estimated Monthly Energy Share, (ii) the Energy Share Adjustment from any prior Billing Period that have not been invoiced, if any, and (iii) all Charges due to AEP Ohio incurred during the Billing Period (the “Billing Statement”). (b) AEP Ohio will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing AEP Ohio, AEP Ohio will specify in each Billing Statement the amounts to be allocated to the the XXXX Supplier. In the case of the Energy Share Adjustment, the allocation will be based on the respective XXXX Loads of AEP Ohio. (c) The Billing Statement will be sent to the XXXX Supplier within six (6) Business Days after the end of the Billing Period. (d) AEP Ohio or the XXXX Supplier, as the case may be, will make payment on or before the twentieth (20th) day of each calendar month. If such day falls on a Saturday, Sunday or any other day which is a legal holiday or a day on which banking institutions are closed, payment will be due the following Business Day. All such payments shall be made by electronic transfer to an account designated in writing by each respective Party. (e) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of of (i) the end of the Term or (ii) the Early Termination Date. (f) Overdue payments shall accrue interest at the Interest Rate from, and including, the due date, but excluding date of payment. (g) If a good faith dispute arises between AEP Ohio and the XXXX Supplier regarding a Billing Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Billing Statement, if any, no later than the due date and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Billing Statement in dispute. Billing Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 11. Upon resolution of a Billing Statement dispute, any payments made to either Party will include interest at the Interest Rate on the payment payable from the date that notice of a Billing Statement dispute was received by the non-disputing Party. (h) Notwithstanding anything to the contrary contained in this Section 6.1, the determination of the allocation to the XXXX Supplier of amounts due and owing to AEP Ohio, as set forth in a Billing Statement, will be final and binding, absent manifest error.

Appears in 1 contract

Samples: Supply Agreement

Invoice Statement. Subject to Section 6.2, AEP Duke Energy Ohio and the XXXX Supplier shall pay all amounts due to each other hereunder in accordance with the following provisions: (a) For each Billing Period, AEP Duke Energy Ohio will prepare and provide an invoice to the XXXX Supplier, which will show (i) amounts due to the XXXX Supplier equal to the Price multiplied by the applicable Seasonal Billing Factor multiplied by the Estimated Monthly Energy Share, (ii) the Energy Share Adjustment from any prior such Billing Period that have not been invoicedPeriod, if any, and (iii) all Charges due to AEP Duke Energy Ohio incurred during the Billing Period (the “Billing Statement”). (b) AEP Duke Energy Ohio will determine the total amount payable by one Party to the other Party by netting the aggregate amounts due and owing to one Party against the aggregate amounts due and owing to the other Party, with the Party, if any, owing the greater aggregate amount paying the other Party the difference between the amounts owed. For any amounts due and owing AEP Ohio, AEP Ohio will specify in each Billing Statement the amounts to be allocated to the XXXX Supplier. In the case of the Energy Share Adjustment, the allocation will be based on the respective XXXX Loads of AEP Ohio. (c) The Billing Statement will be sent to the XXXX Supplier within six (6) Business Days after the end of the Billing Period. (d) AEP Duke Energy Ohio or the XXXX Supplier, as the case may be, will make payment on or before the twentieth (20th) day of each calendar month. If such day falls on a Saturday, Sunday or any other day which is a legal holiday or a day on which banking institutions are closed, payment will be due the following Business Day. All such payments shall be made by electronic transfer to an account designated in writing by each respective Party. (e) All payments shall be subject to adjustment for any arithmetic errors, computation errors, or other errors, provided that the errors become known within one (1) year of the earlier of (i) the end of the Term or (ii) the Early Termination Date. (f) Overdue payments shall accrue interest at the Interest Rate from, and including, the due date, but excluding date of payment. (g) If a good faith dispute arises between AEP Duke Energy Ohio and the XXXX Supplier regarding a Billing Statement, the disputing Party shall be obligated to pay only the undisputed portion of the Billing Statement, if any, no later than the due date and shall present the dispute in writing and submit supporting documentation to the non-disputing Party within one hundred twenty (120) calendar days from the date of the Billing Statement in dispute. Billing Statement disputes must be addressed promptly, and in accordance with the dispute resolution procedures set forth in Article 11. Upon resolution of a Billing Statement dispute, any payments made to either Party will include interest at the Interest Rate on the payment payable from the date that notice of a Billing Statement dispute was received by the non-disputing Party. (h) Notwithstanding anything to the contrary contained in this Section 6.1, the determination of the allocation to the XXXX Supplier of amounts due and owing to AEP Ohio, as set forth in a Billing Statement, will be final and binding, absent manifest error.

Appears in 1 contract

Samples: Supply Agreement

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