Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice. (b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice. (i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data. (ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day. (iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility. (iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month. (v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day. (vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility. (c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day. (d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels. (e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO. (f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
Appears in 15 contracts
Samples: Must Run Service Agreement, Must Run Service Agreement, Must Run Service Agreement
Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
Appears in 11 contracts
Samples: Must Run Service Agreement, Must Run Service Agreement, Must Run Service Agreement
Invoicing. (a) The billing, invoicing Sellers (or Sellers’ Representative) shall raise invoices and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 electronically deliver separate invoices for each Sellers’ share of the CAISO TariffGas sold to Buyer. CAISO Electronically delivered Fortnightly invoices shall not modify any provision of Section 41 of carry a digital or facsimile signature. Invoices shall specify the CAISO Tariff or Section 11.13 as they apply Gas Price and Taxes and the total amount due and payable by Buyer. Buyer shall make payments in full to this Agreement without Owner’s consenteach Seller at the account designated by notice to Buyer, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoicewhich may include offshore accounts.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be raised Fortnightly (unless otherwise required by Law) in US$, commencing with the Revised Estimated RMR Invoice or Fortnight in which the Revised Adjusted RMR Invoice.Start Date occurs:
(i) Within 14 days after Sellers shall raise Fortnightly invoices for the end applicable Gas Price along with Taxes for sale of each Month during the term Allocated Quantities to Buyer.
(ii) In addition to invoices, Sellers shall raise in US$ debit notes or credit notes as may be required from time to time. For avoidance of this Agreement doubt the last invoice shall be raised promptly following the End Date.
(and, if this Agreement does not expire or terminate at the end iii) Sellers shall raise and electronically deliver separate debit notes in respect of a Month, within 14 days any Quarterly Deficiency Payment promptly after the end of the Month in which the Agreement expires or terminates)relevant Contract Quarter, Owner shall submit an estimated invoice (“Estimated RMR Invoice”) and any interest payable on amounts due to CAISO for all charges and credits due Sellers under this Agreement for and Buyer shall make payments in full to each Seller at the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month account designated by it by notice to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, Buyer in accordance with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible UtilityClause 18.
(iv) Within 7 days Sellers shall raise in US$ credit notes in respect of receipt any Make Up Gas in accordance with Clause 10(c) or credit issued in accordance with Clause 11. The value of any such credit note delivered by Owner Sellers in accordance with this Clause 16 shall be set off against the monies due and payable by Buyer to Sellers under this Agreement. If at the termination or expiration of this Agreement there remains a credit but no monies are due and payable by Buyer to Sellers, Sellers shall refund the amount of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) credit to CAISO, reflecting actual data for the Billing MonthBuyer forthwith.
(v) By If, in respect of any Fortnight, the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions such Fortnight are not fully available, then Sellers shall prepare a provisional Fortnightly invoice based on estimates taking into account the CAISO’s validation details of recent data for previous Fortnights or from such information as it has at its disposal (and Buyer shall pay to each Seller the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”)sum set out in such Fortnightly invoice) followed by a final Fortnightly invoice as soon as the required data is available. The Due Date If the amount paid by Xxxxx in settlement of a provisional Fortnightly invoice is less than the Revised Adjusted RMR Invoice amount payable as per the final Fortnightly invoice, Buyer shall settle such difference forthwith. If the amount paid by Buyer in settlement of a provisional Fortnightly invoice is more than the amount payable as per the final Fortnightly invoice, such difference shall be adjusted in the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Dayfollowing Fortnightly invoice.
(vi) By All amounts payable by Buyer hereunder shall be paid in INR or in US$, upon request of a Seller, in local or offshore accounts. When a Seller has requested payment in US$, Buyer shall promptly seek any required approval from the date specified on the RMR Payments Calendar, CAISO Governmental Authority to make such payments in US$ and shall submit an CAISO Invoice begin making such payments in US$ to the Responsible Utilityrequesting Seller upon receipt of such approval, with an e-mail notification to Owner provided that Buyer and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO relevant Seller shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which discuss any RMR Invoice is due procedural requirements that may need to be issued is not a Business Dayaddressed in order to comply with the Sellers’ request. For the avoidance of doubt, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner Buyer shall not be required relieved of its obligations to carry any such credit into a later Contract Year or make payment of all amounts due hereunder to pay any part the requesting Seller during the pendency of such credit request for approval, such payments to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Unitsbe made in INR until such approval is obtained. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) invoiced shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results denominated in a credit to CAISO on an RMR Invoice, the credit US$ and amounts that are payable in INR shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining converted at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to SectionExchange Rate.
Appears in 8 contracts
Samples: Gas Sale and Purchase Agreement, Gas Sale and Purchase Agreement, Gas Sale and Purchase Agreement
Invoicing. (a) The billing, invoicing and payment of charges Vendor shall invoice ACI for all Charges due under this Agreement in the manner reflected in this Section 14.1. Monthly Base Charges, as defined in Schedule C (Charges), shall be as specified invoiced on or before the tenth (10th) day of each month in this Article 9, Schedule O to this Agreement and Section 11.13 which the Services which are the subject of the CAISO Tariff. CAISO shall not modify any provision of Section 41 Monthly Base Charges are performed with payment due to Vendor on or before the last day of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consentmonth; provided however, provided that Owner’s consent if such invoice is received after the tenth (10th) day of the month, payment for such invoice shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from Vendor within thirty (30) days of the invoice receipt date. ARCs, RRCs and any other variable Charges that RMR Owner or Responsible Utility are in addition to the Monthly Base Charges for that a month will be invoiced on a monthly basis but will be invoiced on the following month’s invoice.
(b) Owner will submit To the extent a credit is due ACI pursuant to CAISO RMR Invoices for each Month during the term of this Agreement, which Vendor shall provide ACI with an appropriate credit against Charges then due and owing in the next monthly invoice; if no further payments are defined due to Vendor, Vendor shall pay such amounts to ACI within thirty (30) days.
(c) Vendor shall render a single, consolidated, monthly invoice for each month’s Charges, showing the details specified in this Exhibit C-3 (Form of Invoice) including details necessary to satisfy ACI’s accounting and chargeback requirements in accordance with Section 9.1(b) 3.2(b). Such invoice shall separately identify Pass-Through Expenses for the month (if any), Charges prepaid by ACI, the number of hours allocated to Projects, broken out by Project and indicating, as follows: applicable, (i) Estimated RMR Invoice; where Project pool resources are drawn down (as described in Schedule C (Charges)) and (ii) Revised Estimated RMR Invoice; where additional Charges (iiiother than the Monthly Base Charges) Adjusted RMR Invoice; have been incurred, and (iv) Revised Adjusted RMR Invoicethe amounts of any taxes Vendor is collecting from ACI. In Vendor shall include with the event there are no revisions invoice the calculations utilized to establish the Estimated RMR Invoice or charges in sufficient detail to enable ACI to confirm the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end accuracy of the Month Charges included in which the Agreement expires or terminates), Owner shall submit an estimated invoice. The form of invoice is included as Exhibit C-3 (“Estimated RMR Form of Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data If Vendor fails to provide an invoice to ACI for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day any amount within one calendar year after the date on which Owner submitted the Estimated RMR Invoice Services in question are rendered or the expense incurred, Vendor shall waive any right it may otherwise have to CAISO, or if invoice for and collect such date is not a Business Day, the Due Date shall be the next Business Dayamount.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
Appears in 3 contracts
Samples: Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.)
Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to SectionSection 8.2 for the Contract Year minus all Scheduling Coordinator Revenues previously credited to Owner during such Contract Year. Such refund amount will be included on December’s Adjusted RMR Invoice, or the Final Invoice if the Agreement is terminated.
(g) In the event any corrections, surcharges, credits, refunds or other adjustments pertaining to a Billing Month are discovered after the Revised Adjusted RMR Invoice for such Billing Month has been issued (“Prior Period Changes”), then such Prior Period Changes shall be included in a worksheet for the prior period ("Prior Period Change Worksheet") and submitted for payment in the next allowed Billing Month for Prior Period Changes. The allowed Billing Months for Prior Period Changes are as follows. Any Prior Period Changes pertaining to the months of January through June of a Contract Year which are discovered prior to the submission of the December Estimated RMR Invoice for such Contract Year shall be included in a Prior Period Change Worksheet submitted with the December Estimated RMR Invoice. Any Prior Period Changes pertaining to the months of July through December of a Contract year which are discovered prior to the submission of the May Estimated RMR Invoice for the subsequent Contract year shall be included, subject to Section 9.8, in a Prior Period Change Worksheet submitted with the May Estimated RMR Invoice for the subsequent Contract Year. Any Prior Period Changes pertaining to a Billing Month for a prior Contract Year which are discovered after the first opportunity to submit a Prior Period Change Worksheet has passed, shall be included in a Prior Period Change Worksheet submitted with the Estimated RMR Invoice for the next December or May Billing Month, whichever comes first. Any Prior Period Changes pertaining to the time when the Facilities were under a superseded rate schedule using Conditions of Must Run Agreement A, B, and C, shall be calculated through a separate process and not included on RMR Invoices issued under this Agreement unless the Prior Period Changes result from the Revenue Requirements Settlements outlined in the Stipulation and Agreement approved on May 28, 1999, in FERC Docket No. ER98-441-000, et al.
(h) Owner shall send a copy of each RMR Invoice and any Prior Period Change Worksheet(s) to the Responsible Utility at the time it sends such invoices to CAISO.
(i) Owner shall provide supporting detail with the Prior Period Change Worksheets to identify the relevant Contract Year and provide clear calculations by Facility, by Billing Month, and such other detail as necessary to support the Prior Period Change(s). This level of detail shall be consistent with the level of detail originally required to perform the computation(s) that are being corrected in the Prior Period Change Worksheet. Prior Period Change Worksheets, when required, shall include all identified Prior Period Changes for each applicable prior Contract Year, and shall be computed as specified in section 9.1(j).
(j) A Prior Period Change Worksheet shall contain the following information and calculations for each Billing Month in the relevant Contract Year(s), commencing with the Billing Month pertaining to the Prior Period Change(s):
(i) The Revised Adjusted RMR Invoice for the Billing Month or, if such Billing Month has previously been submitted on a Prior Period Change Worksheet, the most recent revision of such RMR Invoice.
(ii) A revision of the RMR Invoice specified in paragraph (1) above which shows the RMR Invoice revised to incorporate the Prior Period Change(s) as if such Prior Period Change(s) had been invoiced in the Billing Month which gave rise to the Prior Period Change(s). Such revision shall incorporate the impact of the Prior Period Change(s) on RMR payments, including any impact resulting from the Credit Carryforward calculation for the current or previous Billing Months in the Contract Year. For Condition 2 Units, such calculation shall include a recalculation of the refund described in Section 9.1(f).
(iii) The difference between the amounts calculated under paragraph (2) above and paragraph (1) above. The amount due to or from Owner as a result of this calculation shall be clearly specified, with interest shown separately from any other amount due. Interest shall be calculated at the Interest Rate from the Due Date of the Revised Estimated RMR Invoice for the Billing Month to the date payment of the amount due is made. Owner shall total for all Billing Months which are included on the Prior Period Change Worksheet, the amount due as a result of the calculation in paragraph (3) above for each Billing Month. Owner shall also total for all Billing Months which are included on the Prior Period Change Worksheet, the interest due as a result of the calculation in paragraph (3) above for each Billing Month. The total amount due and interest due shall be transferred from the Prior Period Change Worksheet to the appropriate Estimated RMR Invoice, and such amounts shall be due as specified on the Estimated RMR Invoice.
(k) Any time a Unit switches from Condition 1 to Condition 2 or Condition 2 to Condition 1 during a Contract Year, the provisions of Section 9.1(e) shall apply to the months when the unit was on Condition 1 and the provisions of Section 9.1(g) shall apply to the months when the unit was on Condition 2.
(l) CAISO shall separately post on the CAISO Website examples (“Prior Period Change Examples”) developed and agreed to by the RMR Invoice Task Force created under Schedule O of the calculations described in Sections 9.1(e), 9.1 (f), 9.1(g) and 9.1(j) to provide guidance on the correct treatment of Prior Period Changes and to show the correct preparation of the Prior Period Change Worksheet and transfer of amount due to the appropriate Estimated RMR Invoice. Additionally, the RMR Invoice Task Force shall develop and agree to, and CAISO shall post on the CAISO Website, guidelines (“Prior Period Change Guidelines”) underlying the calculations described in Sections 9.1(e), 9.1(f), 9.1(g) and 9.1(j). The Prior Period Change Worksheet shall be prepared, and the amount due shall be calculated and transferred to the Estimated RMR Invoice, in accordance with the RMR Invoice Template, the Prior Period Change Examples, and the Prior Period Change Guidelines posted on the CAISO Website. In the event of a dispute regarding the treatment of Prior Period Changes, all Parties to such dispute shall refer to the Prior Period Change Examples and Prior Period Change Guidelines posted on the CAISO Website for guidance.
Appears in 3 contracts
Samples: Must Run Service Agreement, Must Run Service Agreement, Must Run Service Agreement
Invoicing. During the first ninety (a90) The billing, invoicing and payment of charges under days that this Agreement is in effect, Provider shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner invoiced on the basis of the Revised Estimated RMR Invoicecost of goods dispensed by Provider. HoweverThereafter, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice Provider shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner invoiced on the basis of the Revised Adjusted RMR Invoicecosts of goods ordered by Provider. However, in the event the payment is due from Owner OSMI shall not issue its initial invoice to CAISO Provider (for goods and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions services delivered during the Billing Month shall be subtracted from first month that this Agreement is in effect) until at least thirty (30) days after the amount otherwise due under each RMR Invoice. If subtraction commencement date of the Energy this Agreement and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner such invoice shall not be required due and payable until thirty (30) days after such issuance. Thereafter, OSMI shall invoice Provider for all fees due under Section 3(a & b) hereunder on a monthly basis. Provider shall be invoiced for fees clue under Section 3(c) the following month after the product is purchased by the Provider. If any amount so invoiced or automatically payable is not paid on or within forty-five (45) calendar days after the invoice is received or fees are automatically payable, the outstanding balance shall bear simple interest from the date of said invoice or payment date at a rate of one percent (1%) per month until such amount is paid in full. Any payments made thereafter received by OSMI shall be applied first to carry any such credit into interest accrued but unpaid and then to the oldest unpaid payable/invoice. In addition, the parties agree that a later Contract Year or failure by Provider to pay any part such invoice or amount automatically payable within. forty-five (45) calendar days of such credit to CAISO.
the date the invoice is received or the payment date (f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during as the Billing Month (“Scheduling Coordinator Revenues”case may be) shall be subtracted from the amount otherwise due under each RMR Invoicea material breach of this Agreement, subject to cure provisions of Section 6(b). If subtracting the Scheduling Coordinator Revenues results in a credit Any such termination of this Agreement by OSMI shall not affect Provider’s obligation to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total pay amounts due Owner pursuant to SectionOSMI under this Agreement, but no such payment after the cure period shall affect the effectiveness of such termination.
Appears in 2 contracts
Samples: Dme Supply and Related Services Agreement (Medical Solutions Management Inc.), Dme Supply and Related Services Agreement (Medical Solutions Management Inc.)
Invoicing. (a) The billing, invoicing and payment of charges Acxiom shall invoice D&B for all amounts due under this Agreement on a monthly basis. Acxiom will render to D&B a single consolidated invoice for each month’s Charges, including all amounts payable under this Agreement and all SOWs hereunder, showing the details reasonably specified by D&B, including as necessary to satisfy D&B’s internal accounting and chargeback requirements as have been made known to Acxiom. Such invoice shall clearly delineate the Charges due under each SOW, in separate line items (for each SOW) within such invoice. Notwithstanding the previous sentence, upon the written approval of the D&B Vendor Management Office (VMO) as evidenced by execution of the applicable SOW, D&B shall have the right to request that any New Services or any Charges pursuant to a particular SOW not be included within such monthly consolidated invoice, but rather, be billed directly to the D&B entity receiving such Services (including (i) as provided in Section 3.5(a) of this Agreement and/or (ii) as necessary to satisfy D&B’s internal accounting and chargeback requirements). Fixed Charges shall be billed in the month for which they relate, and variable Charges and *** Omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. credits shall be billed or credited, as specified the case may be, in this Article 9arrears during the following month. For any disputed Charge, Schedule O Acxiom shall provide D&B with written information citing the specific section(s) of the Agreement on which such Charge is based. Acxiom shall include the calculations utilized to establish the Charges. The approved form of invoice as of the Contract Execution Date is attached to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.Schedule E.
(b) Owner will submit If a credit is due D&B pursuant to CAISO RMR Invoices for each Month during the term of this Agreement, which Acxiom shall provide D&B with an appropriate credit against amounts then due and owing; if no further payments are defined in this Section 9.1(bdue to Acxiom, Acxiom shall pay such amounts to D&B within thirty (30) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoicedays.
(ic) Within 14 days after Acxiom shall provide D&B access to volume data on a timely basis, in order to permit D&B to promptly charge its customers. The invoice will separately identify Pass-Through Expenses for the end month, credits for amounts previously incurred by D&B, and the amount of each Month during taxes Acxiom is proposing to collect. Acxiom will include with the term invoice the calculations utilized to establish the Charges in sufficient detail to enable D&B to confirm the accuracy thereof.
(d) Each month’s invoice shall be complete as to the fixed Charges for such month and the variable Charges for the previous month. Acxiom may not charge D&B any additional amounts for a month for which an invoice has been rendered, except that if a particular month’s invoice indicates that certain Charges are incapable of this Agreement being determined as of the date of such invoice, then such Charges may be billed on a later invoice, although in no event shall they be billed more than sixty (and, if this Agreement does not expire or terminate at the end of a Month, within 14 60) days after the end of the Month month in which incurred; provided however, that the Agreement expires or terminates)foregoing limitations on Acxiom’s ability to invoice previously incurred Charges shall not apply, Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data that D&B is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the withholding payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) for Acxiom’s failure to meet any Payment Milestone, as provided in the remaining balance of Scheduling Coordinator Revenues Agreement or an SOW hereunder, or (ii) the total amounts due Owner pursuant to SectionSection 15.7.
Appears in 2 contracts
Samples: Global Master Services Agreement (Dun & Bradstreet Corp/Nw), Global Master Services Agreement (Dun & Bradstreet Corp/Nw)
Invoicing. Unless agreed otherwise between the Parties:
(a) The billing, invoicing Aurizon Network will provide to the Operator an invoice for [the Access Charges,] charges for Ancillary Services (if any) and payment of any other charges or amounts payable by the Operator under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 soon as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days practicable after the end of each Month during Billing Period [in which any such amount is payable]. [1st square bracketed text should be deleted
(b) The first Billing Period will commence on the term of this Agreement (and, if this Agreement does not expire or terminate at Commitment Date and end on the end of a Month, within 14 days after the end last day of the Month in which the Agreement expires or terminates)Commitment Date falls, Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for each subsequent Billing Period during the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified Term will commence on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for following the last day of the immediately preceding Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible UtilityPeriod.
(c) If Subject to Clause 2.2(d), the day on which any RMR Invoice is due Operator must pay to be issued is not a Business Day, such RMR Invoice shall be issued on Aurizon Network the next succeeding Business Dayamount of the invoice referred to in Clause 2.2(a) within fourteen (14) days after receipt of the invoice.
(d) Each RMR Invoice Where the Operator bona fide disputes an amount or amounts claimed in an invoice it shall use give notice of that dispute (setting out in detail the template posted on the CAISO Website in accordance with Schedule O grounds for its objection) to Aurizon Network within fourteen (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns 14) days after receipt of the invoice. Notwithstanding the Operator’s objection to any amounts dueclaimed in an invoice, shall identify the source Operator must pay to Aurizon Network the undisputed portion of each input used the amount or amounts claimed in the calculations, and shall identify all relationships among data in different relevant invoice levelstogether with 50% of the disputed portion within fourteen (14) days after receipt of the invoice.
(e) This section 9.1(eAny dispute as to the amount claimed in an invoice shall be resolved by an expert in accordance with Clause 18.3. Upon resolution of such dispute in accordance with Clause 18.3:
(i) applies the Operator must pay to all Condition 1 Units. Any amounts received Aurizon Network the amount (if any) determined to be payable by or due the Operator to OwnerAurizon Network together with the interest on that amount calculated in accordance with Clause 2.1(d) within fourteen (14) days after being notified of the expert’s Scheduling Coordinator determination; or
(ii) Aurizon Network must credit to the Operator in the form of a deduction from the invoice for Billable MWh [Access Charges and Ancillary Services Delivered in Nonmarket Transactions during other] charges for the Billing Month shall be subtracted Period immediately following a resolution in accordance with Clause 18.3 any amount found to have been overpaid by the Operator together with interest on that amount at the Default Rate calculated on daily balances from the amount otherwise due under each RMR Invoice. If subtraction date of payment of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") amount overpaid to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part date of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Unitscredit. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining Such interest payable but unpaid at the end of each Month shall be capitalised and such capitalised amount shall itself bear interest at the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to SectionDefault Rate.
Appears in 2 contracts
Samples: Train Operations Agreement, Train Operations Agreement
Invoicing. During the first one hundred twenty (a120) The billing, invoicing and payment of charges under days that this Agreement is in effect, Provider shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner invoiced on the basis of the Revised Estimated RMR Invoicecost of goods dispensed (or utilized) by Provider. HoweverThereafter, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice Provider shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner invoiced on the basis of the Revised Adjusted RMR Invoicecosts of goods ordered by Provider. However, in the event the payment is due from Owner OSMI shall not issue its initial invoice to CAISO Provider (for goods and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions services delivered during the Billing Month shall be subtracted from first month that this Agreement is in effect) until at least thirty (30) days after the amount otherwise due under each RMR Invoice. If subtraction commencement date of the Energy this Agreement and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner such invoice shall not be required due and payable until thirty (30) days after such issuance. Thereafter, OSMI shall invoice Provider for all fees due under Section 3(a & b) hereunder on a monthly basis. Provider shall be invoiced for fees due under Section 3(c) the following month after initially dispensed to carry the patient. If any amount so invoiced or automatically payable is not paid on or within forty-five (45) calendar days after the invoice is received or fees are automatically payable, the outstanding balance shall bear simple interest from the date of said invoice or payment date at a rate of one percent (1%) per month until such credit into amount is paid in full. Any payments made thereafter received by OSMI shall be applied first to interest accrued but unpaid and then to the oldest unpaid payable/invoice. In addition, the parties agree that a later Contract Year or failure by Provider to pay any part such invoice or amount automatically payable within forty-five (45) calendar days of such credit to CAISO.
the date the invoice is received or the payment date (f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during as the Billing Month (“Scheduling Coordinator Revenues”case may be) shall be subtracted from the amount otherwise due under each RMR Invoicea material breach of this Agreement, subject to cure provisions of Section 6(b). If subtracting the Scheduling Coordinator Revenues results in a credit Any such termination of this Agreement by OSMI shall not affect Provider’s obligation to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total pay amounts due Owner pursuant to SectionOSMI under this Agreement, but no such payment after the cure period shall affect the effectiveness of such termination.
Appears in 2 contracts
Samples: Dme Supply and Related Services Agreement (Medical Solutions Management Inc.), Dme Supply and Related Services Agreement (Medical Solutions Management Inc.)
Invoicing. If there are outstanding amounts eligible for payment by Buyer to Seller during the Term of this Agreement, Seller shall render to Buyer an invoice by electronic mail for the payment obligations of Buyer to Seller on or after the first (1st) day of the month, but no later than the tenth (10th) day of the month of October, January, April and July (each an “Invoice Due Date”). No more than one (1) invoice will be processed for payment per Quarterly Period. If Seller fails to render an invoice by the Invoice Due Date, no payment will be processed for that Quarterly Period. For any amounts associated with late invoices, those amounts shall be eligible to be included in the following Quarterly Period’s invoice for subsequent payment. Buyer shall not be obligated to pay any invoice that is delivered more than six (6) months after the end of the Term of this Agreement. Each invoice, with respect to a Quarterly Period, shall include: (a) The billingthe invoice amount, invoicing and payment of charges (b) the cumulative amount previously invoiced by Seller under such Delivery Year for each Designated System, (c) the Annual Allowable Payment for each Designated System indicated in the most recent Quarterly Netting Statement for such Quarterly Period, (d) the cumulative amount previously invoiced by Seller under this Agreement shall be for each Designated System, (e) the Maximum Allowable Payment for each Designated System indicated in the most recent Quarterly Netting Statement for such Quarterly Period, (f) the applicable PJM-EIS GATS and/or M-RETS Unit IDs of Designated Systems that have been Energized and (g) any unpaid amounts owed to Buyer by Seller as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 date of the CAISO Tariff or Section 11.13 as invoice. Such unpaid amounts are to be listed out by Designated System they apply pertain to this Agreement without Owner’s consentand netted against the invoice amount to be paid by Buyer to Seller. In the event that payments are due to Buyer, provided Seller may request that Owner’s consent Buyer issues an invoice to Seller for documentary purposes. For a Quarterly Period, the IPA shall not be required endeavor, on a commercially reasonable efforts basis, to issue to Seller and Buyer such Quarterly Netting Statement specifying the Maximum Allowable Payment and Annual Allowable Payment for each Designated System under such Quarterly Period by the first (1st) Business Day of the month following the conclusion of a Quarterly Period if there is a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contraryMaximum Allowable Payment or the Annual Allowable Payment since the last issuance of the Quarterly Netting Statement. An example of the Quarterly Netting Statement calculations is provided in Exhibit F-4. Subject to Section 5.2, invoices either due or from the RMR Owner or Responsible Utility following shall apply for an purposes of payment:
(a) If the Designated System is a Distributed Renewable Energy Generation Device, then the invoice amount less than $10.00 will be adjusted to $0.00 shall reflect the multiplicative product of (i) the Contract Price and no amounts will be due to or from (ii) the REC quantity that RMR Owner or Responsible Utility for is Delivered during the applicable Quarterly Period that invoicehas just concluded.
(b) Owner will submit If the Designated System is a Community Renewable Energy Generation Project, then with respect to CAISO RMR Invoices for each Month during of the term invoices due on the tenth (10th) day of this AgreementOctober and January, which are defined in this Section 9.1(b) as follows: the invoice amount shall reflect the multiplicative product of (i) Estimated RMR Invoice; the Contract Price, (ii) Revised Estimated RMR Invoice; the REC quantity that is Delivered during the applicable Quarterly Period that has just concluded, and (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end percent of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data Actual Nameplate Capacity that is available and shall otherwise reflect estimated data.
(ii) By the date specified Subscribed on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation first Business Day of June of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible UtilityDelivery Year.
(c) If the day on which any RMR Invoice Designated System is a Community Renewable Energy Generation Project, then with respect to each of the invoices due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding tenth (10th) day of April and July, the invoice amount shall reflect the multiplicative product of (i) the Contract Price, (ii) the REC quantity that is Delivered during the applicable Quarterly Period that has just concluded, and (iii) the greater of: (a) the percent of the Actual Nameplate Capacity that is Subscribed on the first Business DayDay of June of the Delivery Year and (b) the percent of the Actual Nameplate Capacity that is Subscribed on the first Business Day of December of the Delivery Year.
(d) Each RMR Invoice shall use If the template posted Designated System is a Community Renewable Energy Generation Project, and the percent of the Actual Nameplate Capacity that is Subscribed on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns first Business Day of December of the amounts dueDelivery Year is greater than the percent of the Actual Nameplate Capacity that is Subscribed on the first Business Day of June of that Delivery Year, shall identify the source of each input used then Seller is eligible for a true-up payment adjustment to be included as a separate line item in the calculations, and shall identify all relationships among data in different invoice levels.
due on the tenth (e10th) This section 9.1(e) applies to all Condition 1 Unitsday of April. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during The amount of the Billing Month true-up payment adjustment shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of multiplicative product of: (i) the remaining balance of Scheduling Coordinator Revenues or Contract Price and (ii) the total amounts due Owner quantity of RECs subject to the true- up payment adjustment calculated pursuant to SectionSection 4.2(d)(iv).
Appears in 2 contracts
Samples: Master Renewable Energy Credit Purchase and Sale Agreement, Renewable Energy Credit Purchase and Sale Agreement
Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
Appears in 2 contracts
Samples: Reliability Must Run Contract, Reliability Must Run Contract
Invoicing. (a) The billing, invoicing Seller shall raise invoices and payment of charges under this Agreement shall be as specified electronically deliver invoices for Gas sold to Buyer. Electronically delivered Fortnightly invoices shall carry a digital or facsimile signature. Invoices shall specify the Gas Price and Taxes and the total amount due and payable by Buyer. Buyer shall make payments in this Article 9, Schedule O full to this Agreement and Section 11.13 of Seller at the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply account designated by notice to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoiceBuyer.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be raised Fortnightly (unless otherwise required by Law) in US$, commencing with the Revised Estimated RMR Invoice or Fortnight in which the Revised Adjusted RMR Invoice.Start Date occurs:
(i) Within 14 days after Seller shall raise Fortnightly invoices for the end applicable Gas Price along with Taxes for sale of each Month during the term Allocated Quantities to Buyer.
(ii) In addition to invoices, Seller shall raise in US$ debit notes or credit notes as may be required from time to time. For avoidance of this Agreement doubt the last invoice shall be raised promptly following the End Date.
(and, if this Agreement does not expire or terminate at the end iii) Seller shall raise and electronically deliver separate debit notes in respect of a Month, within 14 days any Quarterly Deficiency Payment promptly after the end of the Month in which the Agreement expires or terminates)relevant Contract Quarter, Owner shall submit an estimated invoice (“Estimated RMR Invoice”) and any interest payable on amounts due to CAISO for all charges and credits due Seller under this Agreement for and Buyer shall make payments in full to Seller at the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month account designated by it by notice to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, Buyer in accordance with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible UtilityClause 17.
(iv) Within 7 days Seller shall raise in US$ credit notes in respect of receipt any Make Up Gas in accordance with Clause 9(c) or credit issued in accordance with Clause 10. The value of any such credit note delivered by Owner Seller in accordance with this Clause 15 shall be set off against the monies due and payable by Buyer to Seller under this Agreement. If at the termination or expiration of this Agreement there remains a credit but no monies are due and payable by Buyer to Seller, Seller shall refund the amount of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) credit to CAISO, reflecting actual data for the Billing MonthBuyer forthwith.
(v) By If, in respect of any Fortnight, the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions such Fortnight are not fully available, then Seller shall prepare a provisional Fortnightly invoice based on estimates taking into account the CAISO’s validation details of recent data for previous Fortnights or from such information as it has at its disposal (and Buyer shall pay to Seller the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”)sum set out in such Fortnightly invoice) followed by a final Fortnightly invoice as soon as the required data is available. The Due Date If the amount paid by Xxxxx in settlement of a provisional Fortnightly invoice is less than the Revised Adjusted RMR Invoice amount payable as per the final Fortnightly invoice, Buyer shall settle such difference forthwith. If the amount paid by Buyer in settlement of a provisional Fortnightly invoice is more than the amount payable as per the final Fortnightly invoice, such difference shall be adjusted in the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Dayfollowing Fortnightly invoice.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice All amounts payable by Buyer hereunder shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website paid in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 UnitsINR. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) invoiced shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results denominated in a credit to CAISO on an RMR Invoice, the credit US$ and such amounts payable in INR shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining converted at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to SectionExchange Rate.
Appears in 2 contracts
Samples: Gas Sale and Purchase Agreement, Gas Sale and Purchase Agreement
Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of During the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term Term of this Agreement, Seller shall render to Buyer an invoice for RECs by electronic mail on or before the tenth ( 10th) day of the month immediately following each Delivery Month8 (“Invoice Due Date”) in which RECs are defined in this Delivered, as may be extended pursuant to Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; 5.2 below. For avoidance of doubt, Seller shall invoice Buyer regardless of whether the REC Monthly Price is positive or negative. Notwithstanding, and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions subject to the Estimated RMR foregoing, Seller may request that Buyer issue an invoice to Seller if the REC Monthly Price is positive for documentary purposes. If Seller fails to render an invoice for a Delivery Month by the Invoice or Due Date, no payment will be processed for that Delivery Month if payment is due Seller from Buyer, provided that if the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to invoice for the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each last Delivery Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement is delivered after the Invoice Due Date, but prior to that date that is six (6) months after such Invoice Due Date, such invoice will be processed within thirty (30) calendar days after receipt by Buyer. For any amounts included in late invoices, those amounts shall be eligible to be submitted by including such amounts as additional line items in the following Delivery Month’s invoice for subsequent payment. If in a Delivery Month, RECs that are Delivered are from different Vintages, then Seller shall render to Buyer one (1) invoice for all Vintages of RECs Delivered in the Month (“Billing Delivery Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility8 For example, with an e- mail notification respect to Owner RECs with a Vintage of June 20222023, IPA shall issue the Price Calculation Notice containing the REC Monthly Price for such RECs no later than July 20, 20222023. RECs with a Vintage of June 20222023 are expected to be Delivered by the last Business Day of July 20222023 via PJM-EIS GATS or M-RETS and the Responsible UtilitySeller shall issue its invoice to Buyer no later than August 10, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis 20222023. shall specify separately for each Vintage of the Revised Estimated RMR Invoice. However, RECs Delivered in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Delivery Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section:
Appears in 1 contract
Samples: Master Renewable Energy Credit Purchase and Sale Agreement
Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO TariffAnnex 1 to ISO’s Settlement and Billing Protocol. CAISO ISO shall not modify any provision of Section 41 5.2.7 of the CAISO ISO Tariff or Section 11.13 Annex 1 to the Settlement and Billing Protocol as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO ISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“"Estimated RMR Invoice”") to CAISO ISO for all charges and credits due under this Agreement for the Month (“"Billing Month”") using the template posted on the ISO Home Page in accordance with Schedule O ("RMR invoice template"). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(iic) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO ISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised "Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day ") not later than 65 days after the date on which Owner submitted the Adjusted Estimated RMR Invoice was submitted to CAISO, or if such date is not a Business Day, ISO using the Due Date shall be the next Business DayRMR invoice template.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(cd) If the day on which any an Estimated RMR Invoice or an Adjusted RMR Invoice is due to be issued is not a Business Day, such RMR Invoice invoice shall be issued on the next succeeding Business Day.
(de) Each Estimated RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each and Adjusted RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(ef) This section 9.1(e) applies to all For Condition 1 Units. Any , all amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each Estimated RMR Invoice. If subtraction of the Energy Invoice and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to SectionAdjusted
Appears in 1 contract
Samples: Must Run Service Agreement
Invoicing. (a) The billingSellers shall invoice DealerTrack for the CMSI Services on a monthly basis pursuant to invoices reasonably detailing the CMSI Services provided during such period and the price thereof. Unless such amounts are disputed in good faith by DealerTrack pursuant to Section 5(a), invoicing (i) all payments in respect of CMSI Services set forth on Exhibit D and payment of charges under this Agreement Exhibit G shall be as specified due and payable in this Article 9, Schedule O to this Agreement arrears 30 days from and Section 11.13 after the date of the CAISO Tariff. CAISO applicable invoice and (ii) all payments in respect of all CMSI Services except those set forth on Exhibit D and Exhibit G shall not modify any provision of Section 41 be invoiced in advance and shall be due and payable 15 days from and after the date of the CAISO Tariff or applicable invoice (the "CSMI Advance Invoices"). Payments owed by CMSI to COL in the aggregate amount of $83,861.69 shall be credited against amounts owing by DealerTrack for CMSI Services hereunder by crediting one third of such amount during each of the first three months following the Effective Date. Unless disputed in good faith by DealerTrack pursuant to Section 11.13 as they apply to this Agreement without Owner’s consent5(a), provided that Owner’s consent any amounts due but not paid by DealerTrack within 30 days from and after the date of any invoice shall not be required for a change bear interest at the rate of allocations of RMR costs among market participants under 8% per annum until the CAISO Tariff. Notwithstanding anything overdue amount plus the applicable interest is paid in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoicefull.
(b) Owner will submit DealerTrack shall invoice CMSI for the DT Services on a monthly basis pursuant to CAISO RMR Invoices for each Month invoices reasonably detailing the DT Services provided during such period and the term of this Agreementprice thereof. Unless such amounts are disputed in good faith by CMSI pursuant to Section 5(b), which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; all payments in respect of DT Services set forth on Section 2(c), (d) and (e) of Exhibit H shall be due and payable in arrears 30 days from and after the date of the applicable invoice and (ii) Revised Estimated RMR Invoice; (iiiall payments in respect of all DT Services set forth on Sections 2(a) Adjusted RMR Invoice; and (ivb) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice of Exhibit H shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month invoiced in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available advance and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day due and payable 15 days from and after the date on which Owner submitted of the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an applicable invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”"DT Advance Invoices"). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day Unless disputed in good faith by CMSI pursuant to Section 5(b), any amounts due but not paid by CMSI within 30 days from and after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date of any invoice shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining bear interest at the end rate of 8% per annum until the Contract Year, Owner shall refund to CAISO an overdue amount equal to plus the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Sectionapplicable interest is paid in full.
Appears in 1 contract
Samples: Transition Services Agreement (DealerTrack Holdings, Inc.)
Invoicing. (a) The billing, invoicing and payment of charges Acxiom shall invoice D&B for all amounts due under this Agreement on a monthly basis. Acxiom will render to D&B a single consolidated invoice for each month’s Charges, including all amounts payable under this Agreement and all SOWs hereunder, showing the details reasonably specified by D&B, including as necessary to satisfy D&B’s internal accounting and chargeback requirements as have been made known to Acxiom. Such invoice shall clearly delineate the Charges due under each SOW, in separate line items (for each SOW) within such invoice. Notwithstanding the previous sentence, upon the written approval of the D&B Vendor Management Office (VMO) as evidenced by execution of the applicable SOW, D&B shall have the right to request that any New Services or any Charges pursuant to a particular SOW not be included within such monthly consolidated invoice, but rather, be billed directly to the D&B entity receiving such Services (including (i) as provided in Section 3.5(a) of this Agreement and/or (ii) as necessary to satisfy D&B’s internal accounting and chargeback requirements). Fixed Charges shall be billed in the month for which they relate, and variable Charges and *** Omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. D&B/Acxiom Confidential Information -60- credits shall be billed or credited, as specified the case may be, in this Article 9arrears during the following month. For any disputed Charge, Schedule O Acxiom shall provide D&B with written information citing the specific section(s) of the Agreement on which such Charge is based. Acxiom shall include the calculations utilized to establish the Charges. The approved form of invoice as of the Contract Execution Date is attached to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.Schedule E.
(b) Owner will submit If a credit is due D&B pursuant to CAISO RMR Invoices for each Month during the term of this Agreement, which Acxiom shall provide D&B with an appropriate credit against amounts then due and owing; if no further payments are defined in this Section 9.1(bdue to Acxiom, Acxiom shall pay such amounts to D&B within thirty (30) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoicedays.
(ic) Within 14 days after Acxiom shall provide D&B access to volume data on a timely basis, in order to permit D&B to promptly charge its customers. The invoice will separately identify Pass-Through Expenses for the end month, credits for amounts previously incurred by D&B, and the amount of each Month during taxes Acxiom is proposing to collect. Acxiom will include with the term invoice the calculations utilized to establish the Charges in sufficient detail to enable D&B to confirm the accuracy thereof.
(d) Each month’s invoice shall be complete as to the fixed Charges for such month and the variable Charges for the previous month. Acxiom may not charge D&B any additional amounts for a month for which an invoice has been rendered, except that if a particular month’s invoice indicates that certain Charges are incapable of this Agreement being determined as of the date of such invoice, then such Charges may be billed on a later invoice, although in no event shall they be billed more than sixty (and, if this Agreement does not expire or terminate at the end of a Month, within 14 60) days after the end of the Month month in which incurred; provided however, that the Agreement expires or terminates)foregoing limitations on Acxiom’s ability to invoice previously incurred Charges shall not apply, Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data that D&B is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the withholding payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) for Acxiom’s failure to meet any Payment Milestone, as provided in the remaining balance of Scheduling Coordinator Revenues Agreement or an SOW hereunder, or (ii) the total amounts due Owner pursuant to SectionSection 15.7.
Appears in 1 contract
Samples: Global Master Services Agreement
Invoicing. (a) The billing, invoicing and If there are outstanding amounts eligible for payment of charges under this Agreement shall be as specified in this Article 9, Schedule O by Buyer to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month Seller during the term Term of this Agreement, which are defined in this Section 9.1(bSeller shall render to Buyer an invoice by electronic mail for the payment obligations of Buyer to Seller on or after the first (1st) as follows: day of the month, but no later than the tenth (i10th) Estimated RMR Invoice; day of the month of October, January, April and July (iieach an “Invoice Due Date”). No more than one (1) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoiceinvoice will be processed for payment per Quarterly Period. In If Seller fails to render an invoice by the event there are Invoice Due Date, no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoicepayment will be processed for that Quarterly Period. For any amounts associated with late invoices, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice those amounts shall be deemed eligible to be included in the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
following Quarterly Period’s invoice for subsequent payment. Buyer shall not be obligated to pay any invoice that is delivered more than six (i6) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days months after the end of the Month Term of this Agreement. Each invoice, with respect to a Quarterly Period, shall include: (a) the invoice amount, (b) the cumulative amount previously invoiced by Seller under such Delivery Year for each Designated System, (c) the Annual Allowable Payment for each Designated System indicated in which the Agreement expires or terminates)most recent Quarterly Netting Statement for such Quarterly Period, Owner shall submit an estimated invoice (“Estimated RMR Invoice”d) to CAISO for all charges and credits due the cumulative amount previously invoiced by Seller under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendareach Designated System, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices Maximum Allowable Payment for each succeeding Billing Month Designated System indicated in that Contract Year until extinguished; provided that Owner shall not be required to carry any the most recent Quarterly Netting Statement for such credit into a later Contract Year or to pay any part of such credit to CAISO.
Quarterly Period, (f) This section 9.1(fthe applicable PJM-EIS GATS and/or M-RETS Unit IDs of Designated Systems that have been Energized and (g) applies any unpaid amounts owed to all Condition 2 UnitsBuyer by Seller as of the date of the invoice. All Such unpaid amounts received are to be listed out by or the Designated System they pertain to and netted against the invoice amount to be paid by Buyer to Seller. In the event that payments are due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR InvoiceBuyer, Seller may request that Buyer issue an invoice to Seller for documentary purposes. If subtracting the Scheduling Coordinator Revenues results in For a credit to CAISO on an RMR InvoiceQuarterly Period, the credit IPA shall be carried forward endeavor, on a commercially reasonable efforts basis, to issue to Seller and Buyer such Quarterly Netting Statement specifying the Maximum Allowable Payment and Annual Allowable Payment for each Designated System under such Quarterly Period by the first ("Credit Carryforward"1st) Business Day of the month following the conclusion of a Quarterly Period if there is a change to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at Maximum Allowable Payment or the end Annual Allowable Payment since the last issuance of the Contract YearQuarterly Netting Statement. An example of the Quarterly Netting Statement calculations is provided in Exhibit F-4-A. Subject to Section 5.2, Owner the following shall refund to CAISO an apply for purposes of payment: If the Designated System is a Distributed Renewable Energy Generation Device, then the invoice amount equal to shall reflect the lesser multiplicative product of (i) the remaining balance of Scheduling Coordinator Revenues or Contract Price and (ii) the total amounts REC quantity that is Delivered during the applicable Quarterly Period that has just concluded. If the Designated System is a Community Renewable Energy Generation Project, then with respect to each of the invoices due Owner on the tenth (10th) day of October and January, the invoice amount shall reflect the multiplicative product of (i) the Contract Price, (ii) the REC quantity that is Delivered during the applicable Quarterly Period that has just concluded, and (iii) the percent of the Actual Nameplate Capacity that is Subscribed on the first Business Day of June of the Delivery Year. If the Designated System is a Community Renewable Energy Generation Project, then with respect to each of the invoices due on the tenth (10th) day of April and July, the invoice amount shall reflect the multiplicative product of (i) the Contract Price, (ii) the REC quantity that is Delivered during the applicable Quarterly Period that has just concluded, and (iii) the greater of: (a) the percent of the Actual Nameplate Capacity that is Subscribed on the first Business Day of June of the Delivery Year and (b) the percent of the Actual Nameplate Capacity that is Subscribed on the first Business Day of December of the Delivery Year. If the Designated System is a Community Renewable Energy Generation Project, and the percent of the Actual Nameplate Capacity that is Subscribed on the first Business Day of December of the Delivery Year is greater than the percent of the Actual Nameplate Capacity that is Subscribed on the first Business Day of June of that Delivery Year, then Seller is eligible for a true-up payment adjustment to be included as a separate line item in the invoice due on the tenth (10th) day of April. The amount of the true-up payment adjustment shall be equal to the multiplicative product of: (i) the Contract Price and (ii) the quantity of RECs subject to the true-up payment adjustment calculated pursuant to SectionSection 4.2(d)(iv). Further, with respect to a Designated System that is in the EEC Category, the foregoing shall be subject to Section 5.6 below.
Appears in 1 contract
Samples: Master Renewable Energy Credit Purchase and Sale Agreement
Invoicing. i. Provider shall submit to One Call a Clean Invoice within thirty (a30) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 days from date of the CAISO Tariffrelevant Service. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 Except as they apply to this Agreement without Owner’s consentotherwise required by law, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement and subject to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term provisions of this Agreement, which are defined One Call shall use commercially reasonable efforts to pay Provider no later than twenty (20) days (for individual owner-operator providers), and thirty (30) days (for agency providers), respectively after One Call’s receipt of a Clean Invoice. One Call reserves the right to deny payment for any invoice One Call receives more than ninety (90) days from the date of Service (the “Invoice Submission Period”), and Provider’s need to resubmit any invoice for any reason shall not extend beyond the Invoice Submission Period.
ii. All invoices shall be submitted to One Call only. Provider agrees that in no event, including but not limited to non-payment by One Call or Client, insolvency or breach of this Agreement, shall Provider or any of Provider’s Personnel xxxx, charge, attempt to collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any Client, Covered Individual or any other persons other than One Call, for Services provided pursuant to this Agreement. PROVIDER EXPRESSLY AGREES NOT TO BALANCE-XXXX ANY CLIENT OR COVERED INDIVIDUAL FOR ANY AMOUNTS WHICH MAY BE DUE TO PROVIDER UNDER THIS AGREEMENT OR OTHERWISE BETWEEN THE PARTIES. PROVIDER EXPRESSLY ACCEPTS PAYMENT OF THE SERVICE FEES FROM ONE CALL AS FULL AND FINAL SATISFACTION OF ALL AMOUNTS DUE PROVIDER. FOR THE AVOIDANCE OF DOUBT, SHOULD PROVIDER SUBMIT AN INVOICE TO ONE CALL, ANY CLIENT OR ANY COVERED INDIVIDUAL IN EXCESS OF THE AMOUNT OWED OR PAID BY ONE CALL TO PROVIDER, PROVIDER SHALL BE PROHIBITED FROM SEEKING THE DIFFERENCE BETWEEN THE INVOICED AMOUNT AND THE PAID AMOUNT FROM ONE CALL, THE CLIENT, THE COVERED INDIVIDUAL OR ANY OTHER PARTY OR PERSON. PROVIDER FURTHER AGREES TO WAIVE ITS RIGHT TO FILE A LIEN (OR SUCH SIMILAR SECURITY INSTRUMENT) AGAINST ONE CALL, ANY CLIENT OR ANY COVERED INDIVIDUAL FOR ANY AMOUNTS ALLEGED TO BE DUE IN EXCESS OF SERVICE FEES. The prohibitions in this Section 9.1(b) as follows: do not prohibit Provider from billing a Covered Individual for co-payment or deductible amounts (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoicebut only where applicable).
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
Appears in 1 contract
Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO TariffAnnex 1 to ISO’s Settlement and Billing Protocol. CAISO ISO shall not modify any provision of Section 41 5.2.7 of the CAISO ISO Tariff or Section 11.13 Annex 1 to the Settlement and Billing Protocol as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO ISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO ISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-e- mail to CAISO ISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO ISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISOISO, which will include appropriate revisions based on the CAISOISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISOISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO ISO shall submit an invoice (“CAISO ISO Invoice”) to the Responsible Utility, with an e- e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO ISO and from CAISO ISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO ISO and from CAISO ISO to the Responsible Utility, then CAISO ISO shall submit the CAISO ISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Final Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISOISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO ISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISOISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISOISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO ISO shall submit an CAISO ISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO ISO and from CAISO ISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO ISO and from CAISO ISO to the Responsible Utility, then CAISO ISO shall submit the CAISO ISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
Appears in 1 contract
Samples: Must Run Service Agreement
Invoicing. (a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO TariffAnnex 1 to ISO’s Settlement and Billing Protocol. CAISO ISO shall not modify any provision of Section 41 5.2.7 of the CAISO ISO Tariff or Section 11.13 Annex 1 to the Settlement and Billing Protocol as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO ISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO ISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO ISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO ISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISOISO, which will include appropriate revisions based on the CAISOISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISOISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO ISO shall submit an invoice (“CAISO ISO Invoice”) to the Responsible Utility, with an e- e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO ISO and from CAISO ISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO ISO and from CAISO ISO to the Responsible Utility, then CAISO ISO shall submit the CAISO ISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Final Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISOISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO ISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISOISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISOISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO ISO shall submit an CAISO ISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO ISO and from CAISO ISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO ISO and from CAISO ISO to the Responsible Utility, then CAISO ISO shall submit the CAISO ISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website ISO Home Page in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO ISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISOISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO ISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO ISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to SectionSection 8.2 for the Contract Year minus all Scheduling Coordinator Revenues previously credited to Owner during such Contract Year. Such refund amount will be included on December’s Adjusted RMR Invoice, or the Final Invoice if the Agreement is terminated.
(g) In the event any corrections, surcharges, credits, refunds or other adjustments pertaining to a Billing Month are discovered after the Revised Adjusted RMR Invoice for such Billing Month has been issued (“Prior Period Changes”), then such Prior Period Changes shall be included in a worksheet for the prior period ("Prior Period Change Worksheet") and submitted for payment in the next allowed Billing Month for Prior Period Changes. The allowed Billing Months for Prior Period Changes are as follows. Any Prior Period Changes pertaining to the months of January through June of a Contract Year which are discovered prior to the submission of the December Estimated RMR Invoice for such Contract Year shall be included in a Prior Period Change Worksheet submitted with the December Estimated RMR Invoice. Any Prior Period Changes pertaining to the months of July through December of a Contract year which are discovered prior to the submission of the May Estimated RMR Invoice for the subsequent Contract year shall be included, subject to Section 9.8, in a Prior Period Change Worksheet submitted with the May Estimated RMR Invoice for the subsequent Contract Year. Any Prior Period Changes pertaining to a Billing Month for a prior Contract Year which are discovered after the first opportunity to submit a Prior Period Change Worksheet has passed, shall be included in a Prior Period Change Worksheet submitted with the Estimated RMR Invoice for the next December or May Billing Month, whichever comes first. Any Prior Period Changes pertaining to the time when the Facilities were under a superseded rate schedule using Conditions of Must Run Agreement A, B, and C, shall be calculated through a separate process and not included on RMR Invoices issued under this Agreement unless the Prior Period Changes result from the Revenue Requirements Settlements outlined in the Stipulation and Agreement approved on May 28, 1999, in FERC Docket No. ER98-441-000, et al.
(h) Owner shall send a copy of each RMR Invoice and any Prior Period Change Worksheet(s) to the Responsible Utility at the time it sends such invoices to ISO.
(i) Owner shall provide supporting detail with the Prior Period Change Worksheets to identify the relevant Contract Year and provide clear calculations by Facility, by Billing Month, and such other detail as necessary to support the Prior Period Change(s). This level of detail shall be consistent with the level of detail originally required to perform the computation(s) that are being corrected in the Prior Period Change Worksheet. Prior Period Change Worksheets, when required, shall include all identified Prior Period Changes for each applicable prior Contract Year, and shall be computed as specified in section 9.1(j).
(j) A Prior Period Change Worksheet shall contain the following information and calculations for each Billing Month in the relevant Contract Year(s), commencing with the Billing Month pertaining to the Prior Period Change(s):
(i) The Revised Adjusted RMR Invoice for the Billing Month or, if such Billing Month has previously been submitted on a Prior Period Change Worksheet, the most recent revision of such RMR Invoice.
(ii) A revision of the RMR Invoice specified in paragraph (1) above which shows the RMR Invoice revised to incorporate the Prior Period Change(s) as if such Prior Period Change(s) had been invoiced in the Billing Month which gave rise to the Prior Period Change(s). Such revision shall incorporate the impact of the Prior Period Change(s) on RMR payments, including any impact resulting from the Credit Carryforward calculation for the current or previous Billing Months in the Contract Year. For Condition 2 Units, such calculation shall include a recalculation of the refund described in Section 9.1(f).
(iii) The difference between the amounts calculated under paragraph (2) above and paragraph (1) above. The amount due to or from Owner as a result of this calculation shall be clearly specified, with interest shown separately from any other amount due. Interest shall be calculated at the Interest Rate from the Due Date of the Revised Estimated RMR Invoice for the Billing Month to the date payment of the amount due is made. Owner shall total for all Billing Months which are included on the Prior Period Change Worksheet, the amount due as a result of the calculation in paragraph (3) above for each Billing Month. Owner shall also total for all Billing Months which are included on the Prior Period Change Worksheet, the interest due as a result of the calculation in paragraph (3) above for each Billing Month. The total amount due and interest due shall be transferred from the Prior Period Change Worksheet to the appropriate Estimated RMR Invoice, and such amounts shall be due as specified on the Estimated RMR Invoice.
(k) Any time a Unit switches from Condition 1 to Condition 2 or Condition 2 to Condition 1 during a Contract Year, the provisions of Section 9.1(e) shall apply to the months when the unit was on Condition 1 and the provisions of Section 9.1(g) shall apply to the months when the unit was on Condition 2.
(l) ISO shall separately post on the ISO Home Page examples (“Prior Period Change Examples”) developed and agreed to by the RMR Invoice Task Force created under Schedule O of the calculations described in sections 9.1(e), 9.1 (f), 9.1(g) and 9.1(j) to provide guidance on the correct treatment of Prior Period Changes and to show the correct preparation of the Prior Period Change Worksheet and transfer of amount due to the appropriate Estimated RMR Invoice. Additionally, the RMR Invoice Task Force shall develop and agree to, and ISO shall post on the ISO Home Page, guidelines (“Prior Period Change Guidelines”) underlying the calculations described in sections 9.1(e), 9.1(f), 9.1(g) and 9.1(j). The Prior Period Change Worksheet shall be prepared, and the amount due shall be calculated and transferred to the Estimated RMR Invoice, in accordance with the RMR Invoice Template, the Prior Period Change Examples, and the Prior Period Change Guidelines posted on the ISO Home Page. In the event of a dispute regarding the treatment of Prior Period Changes, all Parties to such dispute shall refer to the Prior Period Change Examples and Prior Period Change Guidelines posted on the ISO Home Page for guidance.
Appears in 1 contract
Samples: Must Run Service Agreement
Invoicing. 8.1.1 AstraZeneca (aor an Affiliate thereof) The billingshall invoice Buyer for the Price of the Supplied Product on or at any time after its Delivery and for the amounts referred to in Section 7.1.2 (in respect of the costs of delivering Supplied Products to locations which are not Delivery Locations), invoicing and payment of charges Buyer shall pay such amounts.
8.1.2 Any other costs, expenses or other sums which may be chargeable by AstraZeneca under this Supply Agreement shall be invoiced by AstraZeneca (or an Affiliate thereof) in arrears, on a monthly or a less frequent basis as specified AstraZeneca may (in this Article 9its sole discretion) decide. If requested by Xxxxx, Schedule O to this Agreement and Section 11.13 AstraZeneca will provide Buyer with a reasonable level of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required supporting documentation for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoicesuch amounts.
(b) Owner will submit to CAISO RMR Invoices for 8.1.3 Buyer shall pay each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due submitted under this Supply Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day within [***] after the date on which Owner submitted of the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Dayinvoice as stated thereon.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) 8.1.4 All payments due to the Responsible Utility, with an e- mail notification to Owner and the Responsible UtilityAstraZeneca under this Supply Agreement are exclusive of any VAT which may be chargeable, which specifies Buyer shall pay in addition at the payment due from the Responsible Utility to CAISO rate and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement manner for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculationstime being prescribed by Applicable Law, and shall identify all relationships among data be made by Buyer by transfer to such bank account as AstraZeneca may from time to time notify in different invoice levels.
(e) This section 9.1(e) applies writing to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh Buyer and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from made in full and cleared funds, without any set off, deduction or withholding whatsoever, except for any deduction or withholding which must be made under Applicable Law. If Buyer is required to deduct or withhold any amount under Applicable Law, Buyer shall increase the sum it pays to AstraZeneca by the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit necessary to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection leave AstraZeneca with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser sum it would have received if no deduction or withholding had been made; provided that no such increase shall be required in respect of any such deduction or withholding if and to the extent that the amount of such deduction or withholding (ia) would not have been imposed but for the remaining balance failure of Scheduling Coordinator Revenues AstraZeneca to take advantage of an otherwise available exemption from or reduction in the rate of withholding Tax under any applicable income Tax convention between Sweden and any applicable jurisdiction or (iib) would not have been imposed but for the total assignment by AstraZeneca of its rights or obligations (including to Affiliates) under this Agreement or any change of Tax residence of AstraZeneca or any of its Affiliates outside of Sweden.
8.1.5 If Buyer fails to pay any amount payable under this Supply Agreement by the due date for payment, then without prejudice to any other rights or remedies that AstraZeneca may have:
(a) Buyer shall pay interest thereon (before and after any judgment) at [***] of [***], such interest to run from the date on which payment of such sum became due until payment thereof in full together with such interest; and
(b) without prejudice to Section 8.1.5(a) and subject to giving Buyer [***] prior written notice of its intention to do so, AstraZeneca shall be entitled to suspend any of its obligations under this Supply Agreement until such time as any unpaid amounts due Owner pursuant to Sectionhave been paid in full.
8.1.6 Section 9.5.3 of the License Agreement is hereby incorporated by reference into this Agreement, mutatis mutandis.
Appears in 1 contract
Invoicing.
(a) The billing, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit to CAISO RMR Invoices for each Month during the term of this Agreement, which are defined in this Section 9.1(b) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
Appears in 1 contract
Samples: Reliability Must Run Contract
Invoicing. (a) The billingDuring the Term, invoicing on a Calendar Quarter basis, Licensee shall provide Licensor with a reasonably detailed written statement (the “Quarterly Statement”) setting forth the NEB and payment of charges under this Agreement shall be as specified in this Article 9Ongoing Business Expenses for the corresponding Calendar Quarter, Schedule O including all information reasonable necessary to this Agreement calculate and Section 11.13 of validate the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 NEB and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoiceOngoing Business Expenses (including all components thereof).
(b) Owner will submit Licensee shall provide Licensor with its good faith estimation of the Royalties for the corresponding Calendar Quarter, reasonably necessary to CAISO RMR Invoices permit Licensor to record such amounts in its financial statements for accrual and accounting purposes, no later than five (5) Business Days following the end of each Month Calendar Quarter. The Quarterly Statement shall be provided no later than twenty (20) calendar days following the end of each Calendar Quarter, provided, however, that for the last Calendar Quarter in each Calendar Year during the term of this AgreementTerm, which are defined in this Section 9.1(ban updated Quarterly Statement may be submitted no later than ninety (90) as follows: (i) Estimated RMR Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; and (iv) Revised Adjusted RMR Invoice. In the event there are no revisions to the Estimated RMR Invoice or the Adjusted RMR Invoice, Owner shall submit an e-mail to CAISO with a copy to the Responsible Utility indicating that the Estimated RMR Invoice or the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 calendar days after the end of each Month during the term of this Agreement (andsuch Calendar Year, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end reflecting any adjustments required therein resulting from audits of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice (“Estimated RMR Invoice”) to CAISO for all charges accounts of Licensee and credits due under this Agreement for the Month (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utilityits Affiliates.
(c) If the day on which any RMR Invoice NEB set forth in the Quarterly Statement is due to be issued is not a Business Daypositive, such RMR Invoice shall be issued then on the next succeeding basis of such Quarterly Statement, (i) Licensor shall, within ten (10) Business DayDays following receipt of such Quarterly Statement send to Licensee an invoice for the NEB set forth in the Quarterly Statement conforming to such invoice guidelines as Licensee may reasonably specify (the “NEB Invoice”), and (ii) Licensee shall pay to Licensor no later than twenty (20) calendar days following delivery of the corresponding NEB Invoice by wire transfer of immediately available funds in accordance with the wire transfer instructions set forth in the NEB Invoice, the amount set forth in such NEB Invoice.
(d) Each RMR Invoice Licensee or one or more of its Affiliates shall use issue and send to Licensor a consolidated invoice with each Quarterly Statement for (i) the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns amount of the amounts due, shall identify the source of each input used Ongoing Business Expenses set forth in the calculationsQuarterly Statement, and (ii) if the NEB set forth in a Quarterly Statement is negative, then for such difference. Licensor shall identify all relationships among data in different invoice levelsremit such amount to Licensee within twenty (20) days from date of delivery of the relevant invoice.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh All payments in connection with the NEB and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month Ongoing Business Expenses shall be subtracted from in US Dollars and the amount otherwise due under each RMR Invoice. If subtraction calculation of the Energy and any Ancillary Service all amounts for payable in connection with a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit Quarterly Statement shall be carried forward ("Credit Carryforward") to converted into US Dollars at the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISOExchange Rate.
(f) This section 9.1(f) applies to Licensee shall keep complete and accurate books and records and documentation of Licensee’s conduct of the Business provided and reasonable supporting documentation of all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator charges and expenses incurred in connection with Market Transactions Licensee’s performance of this Agreement for a period and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit manner consistent with its current management practices or as otherwise required by applicable Law. Licensor may reasonably request, and Licensee shall provide, any further information or documentation in order for Licensor to CAISO on an RMR Invoiceverify the information contained in the Quarterly Statement.
(g) Without limitation to Section 3.02(f), if there is a significant variance from historical trends reported in the Quarterly Statement, Licensor may reasonably request, and Licensee shall provide, further information and/or documentation in order for Licensor to clarify potential sources of variance.
(h) Notwithstanding anything in this Agreement, the credit shall be carried forward ("Credit Carryforward") U.S. Market Transition Services Agreement or the APA to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Yearcontrary, Owner Licensee shall refund promptly pay, or cause to CAISO an amount equal to the lesser of be paid, (i) all amounts that are included in clause [*****] of the remaining balance definition of Scheduling Coordinator Revenues Net Economic Benefit, [*****] or any other Person to which payment of any such amount is required, and (ii) all amounts that are included in clause [*****] of the total amounts due Owner pursuant definition of Net Sales to Sectionthe persons entitled to receive the [*****] set forth in clause [*****] of such definition and (iii) all Ongoing Business Expenses to [*****] or any other Person to which payment of such amount is required. Each Party shall use good faith efforts to minimize the fees and charges in its performance of this Agreement.
(i) In furtherance of subclause (iii) of the definition of “Ongoing Business Expenses”, Licensee’s Affiliate incorporated in Canada shall sell to Licensor (or its designee) all such inventories of Products held for sale in Canada then remaining and not yet sold to a Third Party upon expiration or earlier termination of the Term for cost. The Canadian Affiliate shall issue an invoice for such amount in Canadian dollars, plus applicable Transfer Taxes (if any) to Licensor (or its designee) and such payment shall reduce the amount of the Ongoing Business Expenses for the Quarterly Statement corresponding to the last Calendar Quarter of the Term under this Agreement accordingly.
Appears in 1 contract
Samples: Asset Purchase Agreement (Vivus Inc)
Invoicing. Provider shall submit to One Call a Clean Invoice within thirty (30) days from date of the relevant Service. Except as otherwise required by law, One Call shall use commercially reasonable efforts to pay Provider no later than the earlier of (a) The billingforty-five (45) days after One Call’s receipt of a Clean Invoice, invoicing and payment of charges under this Agreement shall be as specified in this Article 9, Schedule O to this Agreement and Section 11.13 of the CAISO Tariff. CAISO shall not modify any provision of Section 41 of the CAISO Tariff or Section 11.13 as they apply to this Agreement without Owner’s consent, provided that Owner’s consent shall not be required for a change of allocations of RMR costs among market participants under the CAISO Tariff. Notwithstanding anything in this Agreement to the contrary, invoices either due or from the RMR Owner or Responsible Utility for an amount less than $10.00 will be adjusted to $0.00 and no amounts will be due to or from that RMR Owner or Responsible Utility for that invoice.
(b) Owner will submit the time frame designated by applicable state law. One Call reserves the right to CAISO RMR Invoices deny payment for each Month during any invoice One Call receives more than ninety (90) days from the term date of Service (the “Invoice Submission Period”), and Provider’s need to resubmit any invoice for any reason shall not extend the Invoice Submission Period. All invoices shall be submitted to One Call only. Provider agrees that in no event, including but not limited to non-payment by One Call or Client, insolvency or breach of this Agreement, shall Provider or any of Provider’s Personnel xxxx, charge, attempt to collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any Client, Covered Individual or any other persons other than One Call, for Services provided pursuant to this Agreement. PROVIDER EXPRESSLY AGREES NOT TO BALANCE-XXXX ANY CLIENT OR COVERED INDIVIDUAL FOR ANY AMOUNTS WHICH MAY BE DUE TO PROVIDER UNDER THIS AGREEMENT OR OTHERWISE BETWEEN THE PARTIES. PROVIDER EXPRESSLY ACCEPTS PAYMENT OF THE SERVICE FEES FROM ONE CALL AS FULL AND FINAL SATISFACTION OF ALL AMOUNTS DUE PROVIDER. FOR THE AVOIDANCE OF DOUBT, SHOULD PROVIDER SUBMIT AN INVOICE TO ONE CALL, ANY CLIENT OR ANY COVERED INDIVIDUAL IN EXCESS OF THE AMOUNT OWED OR PAID BY ONE CALL TO PROVIDER, PROVIDER SHALL BE PROHIBITED FROM SEEKING THE DIFFERENCE BETWEEN THE INVOICED AMOUNT AND THE PAID AMOUNT FROM ONE CALL, THE CLIENT, THE COVERED INDIVIDUAL OR ANY OTHER PARTY OR PERSON. PROVIDER FURTHER AGREES TO WAIVE ITS RIGHT TO FILE A LIEN (OR SUCH SIMILAR SECURITY INSTRUMENT) AGAINST ONE CALL, ANY CLIENT OR ANY COVERED INDIVIDUAL FOR ANY AMOUNTS ALLEGED TO BE DUE IN EXCESS OF SERVICE FEES. Provider-Directed Referrals. Provider acknowledges and agrees that any and all reimbursement for Services Provider performs pursuant to Provider-Directed Referrals is subject to the condition that One Call obtains authorization for such Services from the associated Client and issues a Purchase Order to Provider. Provider shall not be entitled to any reimbursement for such Services without such authorization and Purchase Order. One Call shall have all of its common law, equitable and statutory rights of set-off, which are defined rights shall include, but not be limited to, One Call’s option to offset any moneys due to Provider under this Agreement against any amounts due and owing to One Call or any One Call Affiliate in connection with services performed by Provider. Each One Call Affiliate not a party to this Section 9.1(bAgreement is intended to be, and shall be, a third party beneficiary of this provision. Provider acknowledges that One Call would not have entered into this Agreement without Provider’s covenants as set forth herein. Provider further acknowledges that the damages One Call would incur as a result of a breach of such covenants would be difficult to ascertain. Provider therefore agrees that, in the event Provider breaches the provisions of this Agreement, then, in addition to One Call’s right to immediately terminate this Agreement for cause, Provider shall forfeit its right to all then accrued and unpaid Service Fees. Provider acknowledges that such forfeiture is a reasonable estimation of damages which One Call would incur as a result of Provider’s breach and which would otherwise be difficult to ascertain. Conversion of Out-of-Process Provider Invoices. If One Call receives any Out-of-Process Invoices directly or indirectly from Provider, any Client or any other third party, Provider agrees to accept the Converted Rate from One Call as full and final settlement of the Converted Invoice and the original Out-of-Process Invoice. Provider’s acceptance (i.e., deposit of One Call’s payment to Provider) of the Converted Rate from One Call shall be deemed Provider’s agreement that the Converted Rate serves as follows: (i) Estimated RMR full and final satisfaction for the corresponding Service. Therefore, if Provider accepts payment of the Converted Rate from One Call, Provider shall be estopped from claiming that Provider is due any amount in excess of the Converted Rate as compensation for the corresponding Service(s). Provider, therefore, agrees to waive any claim against One Call for any amount above the Converted Rate for any Converted Invoice or the corresponding Out-of-Process Invoice; (ii) Revised Estimated RMR Invoice; (iii) Adjusted RMR Invoice; . Provider further agrees to waive any claim against the Client and (iv) Revised Adjusted RMR any Covered Individual for payment of any amount related to the Converted Invoice or the original Out-of-Process Invoice. In the event there are no revisions to the Estimated RMR that a Client or any Covered Individual pays Provider for any portion of a Converted Invoice or the Adjusted RMR corresponding Out-of-Process Invoice, Owner Provider shall submit an eimmediately refund to (a) such Client or Covered Individual the amount such Client or Covered Individual paid to Provider, or (b) One Call the amount One Call refunded to Client or Covered Individual. Example. Provider receives a referral for Services directly from Client and renders the applicable Services. Provider then sends the Client the related Out-mail of-Process Invoice in the amount $100. The Client re-directs the Out-of-Process Invoice to CAISO One Call. The Out-of-Process Invoice is fully and finally satisfied. Therefore, Provider shall not seek to collect any payment from the Client or Covered Individual with a copy respect to the Responsible Utility indicating that Out-of-Process Invoice. Nor shall the Estimated RMR Invoice Provider attempt to collect or accept any amount other than the Adjusted RMR Invoice shall be deemed to be the Revised Estimated RMR Invoice or the Revised Adjusted RMR Invoice.
(i) Within 14 days after the end of each Month during the term of this Agreement (and, if this Agreement does not expire or terminate at the end of a Month, within 14 days after the end $90 Converted Rate from One Call. Opt-Out. Provider may opt-out of the Month in which the Agreement expires or terminates), Owner shall submit an estimated invoice Out-of-Process Invoice arrangement at any time by providing One Call at least ninety (“Estimated RMR Invoice”90) to CAISO for all charges and credits due under this Agreement for the Month days’ advance written notice. Any such notice must be sent by certified mail (“Billing Month”). Each Estimated RMR Invoice shall reflect actual data for the Billing Month to the extent actual data is available and shall otherwise reflect estimated data.
(ii) By the date specified on the RMR Payments Calendar, Owner shall submit a revised estimated invoice (“Revised Estimated RMR Invoice”) to CAISO, which will include appropriate revisions based on the CAISO’s validation of the Estimated RMR Invoice. The Due Date of the Revised Estimated RMR Invoice shall be the 30th day after the date on which Owner submitted the Estimated RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(iii) By the date specified on the RMR Payments Calendar, CAISO shall submit an invoice (“CAISO Invoice”return receipt requested) to the Responsible Utility, with an e- mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Estimated RMR Invoice. However, address in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible UtilityNotices Section below.
(iv) Within 7 days of receipt by Owner of the Recalculation Settlement Statement for the last day of the Billing Month, Owner shall submit an adjusted invoice (“Adjusted RMR Invoice”) to CAISO, reflecting actual data for the Billing Month.
(v) By the date specified on the RMR Payments Calendar, Owner shall submit to CAISO an invoice reflecting actual data for the Billing Month and including appropriate revisions based on the CAISO’s validation of the Adjusted RMR Invoice (“Revised Adjusted RMR Invoice”). The Due Date of the Revised Adjusted RMR Invoice shall be the 30th day after the date on which Owner submitted the Adjusted RMR Invoice to CAISO, or if such date is not a Business Day, the Due Date shall be the next Business Day.
(vi) By the date specified on the RMR Payments Calendar, CAISO shall submit an CAISO Invoice to the Responsible Utility, with an e-mail notification to Owner and the Responsible Utility, which specifies the payment due from the Responsible Utility to CAISO and from CAISO to Owner on the basis of the Revised Adjusted RMR Invoice. However, in the event the payment is due from Owner to CAISO and from CAISO to the Responsible Utility, then CAISO shall submit the CAISO Invoice to Owner with an e-mail notification to Owner and the Responsible Utility.
(c) If the day on which any RMR Invoice is due to be issued is not a Business Day, such RMR Invoice shall be issued on the next succeeding Business Day.
(d) Each RMR Invoice shall use the template posted on the CAISO Website in accordance with Schedule O (“RMR Invoice Template”). Each RMR Invoice shall set out detailed calculations and breakdowns of the amounts due, shall identify the source of each input used in the calculations, and shall identify all relationships among data in different invoice levels.
(e) This section 9.1(e) applies to all Condition 1 Units. Any amounts received by or due to Owner’s Scheduling Coordinator for Billable MWh and Ancillary Services Delivered in Nonmarket Transactions during the Billing Month shall be subtracted from the amount otherwise due under each RMR Invoice. If subtraction of the Energy and any Ancillary Service amounts for a Unit under Condition 1 results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished; provided that Owner shall not be required to carry any such credit into a later Contract Year or to pay any part of such credit to CAISO.
(f) This section 9.1(f) applies to all Condition 2 Units. All amounts received by or due to Owner’s Scheduling Coordinator in connection with Market Transactions and Nonmarket Transactions during the Billing Month (“Scheduling Coordinator Revenues”) shall be subtracted from the amount otherwise due under each RMR Invoice. If subtracting the Scheduling Coordinator Revenues results in a credit to CAISO on an RMR Invoice, the credit shall be carried forward ("Credit Carryforward") to the appropriate RMR Invoices for each succeeding Billing Month in that Contract Year until extinguished. If there is an unextinguished credit balance remaining at the end of the Contract Year, Owner shall refund to CAISO an amount equal to the lesser of (i) the remaining balance of Scheduling Coordinator Revenues or (ii) the total amounts due Owner pursuant to Section
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Samples: Provider Agreement