Common use of Meter Calibration Clause in Contracts

Meter Calibration. (i) Seller shall, at its sole cost and expense, calibrate the Meter prior to its installation and at least annually thereafter to ensure the accuracy of the Meter. Notwithstanding the foregoing, Purchaser may install, or cause to be installed, its own revenue-grade meter at the same location as the Meter. Purchaser may request that Seller perform more frequent testing, however any such testing in excess of the annual tests shall be at Purchaser’s expense, subject to Cost Substantiation, if such tests indicate that the Meter is within plus or minus two percent (2%). Purchaser shall be entitled to witness such tests and Seller shall provide Purchaser with such test results. (ii) If, upon testing, the Meter is found to be accurate or in error by not more than plus or minus two percent (2%), then the previous recordings of such Meter shall be considered accurate in computing deliveries of Output hereunder, but such Meter shall be promptly adjusted to record correctly, if needed. (iii) If, upon testing, the Meter is found to be inaccurate by an amount exceeding plus or minus two percent (2%), then Seller shall promptly repair or adjust such Meter and any previous recordings by such Meter shall be corrected to zero error. If no reliable information exists as to the period over which such Meter registered inaccurately, it shall be assumed for purposes of correcting previously delivered invoices that such inaccuracy began at a point in time midway between the testing date and the next previous date on which such Meter was tested and found to be accurate. (iv) If, upon testing, the Meter is found to be in error by an amount exceeding plus or minus two percent (2%), then the payments for Output made since the previous Meter test shall be adjusted to reflect the corrected measurements. If the difference in the previously invoiced amounts minus the adjusted payment is a positive number, that difference shall offset amounts owing by Purchaser to Seller in subsequent Billing Month(s). If the difference is a negative number, the difference shall be added to the next Billing Month’s invoice and paid by Purchaser to Seller.

Meter Calibration. (i) Seller shall, at its sole cost and expense, calibrate the Meter prior to its installation and at least annually thereafter to ensure the accuracy of the Meter. Notwithstanding the foregoing, Purchaser may install, or cause to be installed, its own revenue-grade meter at the same location as the Meter. Purchaser may request that Seller perform more frequent testing, however any such testing in excess of the annual tests shall be at Purchaser’s expense, subject to Cost Substantiation, if such tests indicate that the Meter is within plus or minus two percent (2%). Purchaser shall be entitled to witness such tests and Seller shall provide Purchaser with such test results. (ii) If, upon testing, the Meter is found to be accurate or in error by not more than plus or minus two percent (2%), then the previous recordings of such Meter shall be considered accurate in computing deliveries of Output hereunder, but such Meter shall be promptly adjusted to record correctly, if needed. (iii) If, upon testing, the Meter is found to be inaccurate by an amount exceeding plus or minus two percent (2%), then Seller shall promptly repair or adjust such Meter and any previous recordings by such Meter shall be corrected to zero error. If no reliable information exists as to the period over which such Meter registered inaccurately, it shall be assumed for purposes of correcting previously delivered invoices that such inaccuracy began at a point in time midway between the testing date and the next previous date on which such Meter was tested and found to be accurate. (iv) If, upon testing, the Meter is found to be in error by an amount exceeding plus or minus two percent (2%), then the payments for Output made since the previous Meter test shall be adjusted to reflect the corrected measurements. If the difference in the previously invoiced amounts minus the adjusted payment is a positive number, that difference shall differenceshall offset amounts owing by Purchaser to Seller in subsequent Billing Month(s). If the difference is a negative number, the difference shall be added to the next Billing Month’s invoice and paid by Purchaser to Seller.

Meter Calibration. (i) Seller shall, at its sole cost and expense, calibrate the Meter prior to its installation and at least annually thereafter to ensure the accuracy of the Meter. Notwithstanding the foregoing, Purchaser may install, or cause to be installed, its own revenue-grade meter at the same location as the Meter. Purchaser may request that Seller perform more frequent testing, however any such testing in excess of the annual tests shall be at Purchaser’s expense, subject to Cost Substantiation, if such tests indicate that the Meter is within plus or minus two percent (2%). Purchaser shall be entitled to witness such tests and Seller shall provide Purchaser with such test results. (ii) If, upon testing, the Meter is found to be accurate or in error by not more than plus or minus two percent (2%), then the previous recordings of such Meter shall be considered accurate in computing deliveries of Output hereunder, but such Meter shall be promptly adjusted to record correctly, if needed. (iii) If, upon testing, the Meter is found to be inaccurate by an amount exceeding plus or minus two percent (2%), then Seller shall promptly repair or adjust such Meter and any previous recordings by such Meter shall be corrected to zero error. If no reliable information exists as to DocuSign Envelope ID: E7F8C3BA-0A7D-40B7-90AD-68B83985A9C1 the period over which such Meter registered inaccurately, it shall be assumed for purposes of correcting previously delivered invoices that such inaccuracy began at a point in time midway between the testing date and the next previous date on which such Meter was tested and found to be accurate. (iv) If, upon testing, the Meter is found to be in error by an amount exceeding plus or minus two percent (2%), then the payments for Output made since the previous Meter test shall be adjusted to reflect the corrected measurements. If the difference in the previously invoiced amounts minus the adjusted payment is a positive number, that difference shall offset amounts owing by Purchaser to Seller in subsequent Billing Month(s). If the difference is a negative number, the difference shall be added to the next Billing Month’s invoice and paid by Purchaser to Seller.