Common use of Payment of Annual Adjustments Clause in Contracts

Payment of Annual Adjustments. The annual adjustment Lt relating to the O&M costs of each Contracted Ancillary Services shall be calculated in accordance with Schedule C. Where Lt is positive, the EMC shall notify the Ancillary Service Provider in writing of the amount of Lt and upon receiving such notification, the Ancillary Service Provider shall render an invoice for that amount and the EMC shall pay such invoices within such period of time as to be agreed from time to time between the EMC and the Ancillary Service Provider. Where the amount of Lt is negative, the EMC shall issue a debit note stating the amount of Lt to the Ancillary Service Provider and the Ancillary Service Provider shall refund the amount of Lt within such period of time as to be agreed from time to time between the EMC and the Ancillary Service Provider. Where the Parties fail to agree on an acceptable period in which to make payment of the amount of Lt, then the matter shall be referred to the Authority to determine the timing for payment and such determination shall be binding on both Parties. Any amounts to be refunded by the Ancillary Service Provider, but not paid within the relevant period for refund may be deducted by the EMC from any amounts due to the Ancillary Service Provider under Article 14.3.

Appears in 6 contracts

Samples: Agreement, Agreement, Agreement

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