Common use of Measurements Clause in Contracts

Measurements. Readings of the meter shall be conclusive as to the amount of electric energy delivered to Purchaser; provided, that if the meter is out of service, is discovered to be inaccurate pursuant to Section 4.2(c), or registers inaccurately, measurement of energy shall be determined in the following sequence: (a) by estimating by reference to quantities measured during periods of similar conditions when meter was registering accurately; or (b) if no reliable information exists as to the period of time during which such meter was registering inaccurately, it shall be assumed for correction purposes hereunder that the period of such inaccuracy for the purposes of the correction under Section 4.2(c) was equal to (i) if the period of inaccuracy can be determined, the actual period during which inaccurate measurements were made; or (ii) if the period of inaccuracy cannot be determined, one-half of the period from the date of the last previous test of such meter through the date of the adjustments, provided, however, that, in the case of clause (ii), the period covered by the correction under Section 4.2(c) shall not exceed twelve months.

Appears in 8 contracts

Samples: Solar Power & Services Agreement, Power Purchase Agreement, Power Purchase Agreement

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Measurements. Readings of the meter Metering Device shall be conclusive as to the amount of electric energy Electricity delivered to PurchaserUser; provided, that if the meter Metering Device is out of service, is discovered to be inaccurate pursuant to Section 4.2(c)6.3, or registers inaccurately, measurement of energy Electricity shall be determined in the following sequence: (a) by estimating by reference to quantities measured during periods of similar conditions when meter Metering Device was registering accurately; or (b) if no reliable information exists as to the period of time during which such meter Metering Device was registering inaccurately, it shall be assumed for correction purposes hereunder that the period of such inaccuracy for the purposes of the correction under Section 4.2(c) 6.3 was equal to (i) if the period of inaccuracy can be determined, the actual period during which inaccurate measurements were made; or (ii) if the period of inaccuracy cannot be determined, one-half of the period from the date of the last previous test of such meter Metering Device through the date of the adjustments, provided, however, that, in the case of clause (ii), the period covered by the correction under Section 4.2(c) 6.3 shall not exceed twelve six months.

Appears in 2 contracts

Samples: Energy Management Services Contract, Energy Management Services Contract

Measurements. Readings of the meter Meter shall be conclusive as to the amount of electric energy Energy delivered to PurchaserBuyer; provided, that if the meter Meter is out of service, is discovered to be inaccurate pursuant to Section 4.2(c)inaccurate, or registers inaccuratelyinaccurately beyond 2% accuracy, measurement of energy Energy shall be determined in the following sequence: (a) by estimating by reference to quantities measured during periods of similar conditions when meter Meter was registering accurately; or (b) if no reliable information exists as to the period of time during which such meter Meter was registering inaccurately, it shall be assumed for correction purposes hereunder that the period of such inaccuracy for the purposes of the correction under Section 4.2(c) was equal to (iI) if the period of inaccuracy can be determined, the actual period during which inaccurate measurements were made; or (ii) if the period of inaccuracy cannot be determined, one-half of the period from the date of the last previous test of such meter Meter through the date of the adjustments, provided, however, that, in the case of clause (ii), the period covered by the correction under Section 4.2(c) shall not exceed twelve six months.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Measurements. Readings of the meter Metering Device shall be conclusive as to the amount of electric energy Electricity delivered to PurchaserTown; provided, that if the meter Metering Device is out of service, is discovered to be inaccurate pursuant to Section 4.2(c)6.3, or registers inaccurately, measurement of energy Electricity shall be determined in the following sequence: (a) by estimating by reference to quantities measured during periods of similar conditions when meter Metering Device was registering accurately; or (b) if no reliable information exists as to the period of time during which such meter Metering Device was registering inaccurately, it shall be assumed for correction purposes hereunder that the period of such inaccuracy for the purposes of the correction under Section 4.2(c) 6.3 was equal to (i) if the period of inaccuracy can be determined, the actual period during which inaccurate measurements were made; or (ii) if the period of inaccuracy cannot be determined, one-half of the period from the date of the last previous test of such meter Metering Device through the date of the adjustments, provided, however, that, in the case of clause (ii), the period covered by the correction under Section 4.2(c) 6.3 shall not exceed twelve six months.

Appears in 1 contract

Samples: Energy Management Services Contract

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