Meter Disputes and Adjustments. If a Party disputes the accuracy or condition of the Metering Device ("Disputing Party"): (a) the Disputing Party shall provide a written explanation to the other Party ("Non-Disputing Party") of the basis of the dispute; (b) the Non-Disputing Party shall, within twenty (20) Business Days of receipt of such explanation, advise the Disputing Party in writing as to its position concerning the accuracy of such Metering Device and an explanation for taking such position; (c) if the Parties are unable to agree to the accuracy or condition of the Metering Device, either Party may request additional testing of the Metering Device by the Metering Device's manufacturer or other testing authority authorised or certified by the Metering Entity; (d) if the Metering Device is found to be within accuracy thresholds imposed by Applicable Law, any previous recordings of the Metering Device shall be considered valid and the Party requesting the meter testing under § 6.8(c) shall bear the cost of inspection and testing of the Metering Device as described in § 6.8(c); and (e) if the Metering Device is found to be outside accuracy thresholds imposed by Applicable Law or if such Metering Device is for any reason out of service or fails to register then: (i) the Seller shall promptly cause any Metering Device found to be inaccurate to be replaced, repaired or adjusted to correct such inaccuracy; (ii) the Parties shall estimate the correct amounts of output delivered to the Delivery Point during the periods affected by such inaccuracy, service outage or failure to register in accordance with § 6.4 (Meter Outage Event), Good Industry Practice and Applicable Law; and (iii) the Parties shall equally bear the cost of inspection and testing of the Metering Device as carried out in accordance with § 6.8(c).
Appears in 8 contracts
Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement, Individual Power Purchase Agreement
