Common use of Measurement of Net Energy Output Clause in Contracts

Measurement of Net Energy Output. 3.1. If the Primary Metering System is found to be inaccurate by more than the Allowable Error or to otherwise have functioned improperly during the previous Month, then the correct amount of Net Energy Output for the actual period during which inaccurate measurements, if any, were made shall be determined as follows: 3.1.1. First, the reading of the Backup Metering System shall be utilized to calculate the correct amount of Net Energy Output unless a test of such Backup Metering System, as required by either Party, reveals that the Backup Metering System is inaccurate by more than the Allowable Error or is otherwise functioning improperly. 3.1.2. If the Backup Metering System is not within the acceptable limits of accuracy or is otherwise functioning improperly, then the Company and JPS shall jointly prepare an estimate of the correct reading on the basis of all available information and such guidelines as may have been agreed to between the Company and JPS at the time the reading is taken. 3.1.3. If JPS and the Company fail to agree upon an estimate for the correct reading, then the matter may be referred by either party for determination by arbitration pursuant to Clause 14 of this Agreement. 3.2. The Company shall provide and install appropriate equipment and shall make a continuous recording on appropriate data storage media or equivalent of the Net Energy Output of the Complex prior to the Commercial Operations Date and thereafter. A copy of this recording shall be provided to the Company each time the meters are read.

Measurement of Net Energy Output. 3.1. If the Primary Metering System is found to be inaccurate by more than the Allowable Error or to otherwise have functioned improperly during the previous Month, then the correct amount of Net Energy Output for the actual period during which inaccurate measurements, if any, were made shall be determined as follows: 3.1.1. First, the reading of the Backup Metering System shall be utilized to calculate the correct amount of Net Energy Output unless a test of such Backup Metering System, as required by either Party, reveals that the Backup Metering System is inaccurate by more than the Allowable Error or is otherwise functioning improperly. 3.1.2. If the Backup Metering System is not within the acceptable limits of accuracy or is otherwise functioning improperly, then the Company and JPS shall jointly prepare an estimate of the correct reading on the basis of all available information and such guidelines as may have been agreed to between the Company and JPS at the time the reading is taken. 3.1.3. If JPS and the Company fail to agree upon an estimate for the correct reading, then the matter may be referred by either party for determination by arbitration pursuant to Clause 14 16 of this Agreement. 3.2. The Company shall provide and install appropriate equipment and shall make a continuous recording on appropriate data storage media or equivalent of the Net Energy Output of the Complex prior to the Commercial Operations Date and thereafter. A thereafter JPS shall provide a copy of this recording shall be provided to the Company each time the meters are read.