Common use of Payment of Invoices Clause in Contracts

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 2 contracts

Samples: Transmission Service Agreement, Transmission Service Agreement

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Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Customer‟s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- 14,02,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Onlyfourteen crore two lakh only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Customer‟s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- 14,92,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Onlyfourteen crore ninety two lakh only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx Bill on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary XxxxBill, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary XxxxBill. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Project Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- Rupees Nine Crore only (Rupees Eight Crore and Eighty Nine Lakh OnlyRs 9.00 Crore), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. [Insert identified place or account] (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… [Insert identified place] for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

Payment of Invoices. 10.6.1 Pursuant If the IBLA Creditor receives an invoice relating to Article 10.4, any amount payable for which the Borrower is obliged to reimburse the IBLA Creditor under this Agreement (the “Required Sum”), the IBLA Creditor (or any person acting on its behalf, including the IBLA Creditor Cash Manager) shall give the Borrower at least eight Business Days’ prior written notice before the date upon which such Required Sum is due of the applicable circumstances requiring such Required Sum (together with a copy of the invoice), specifying the date and the amount of such Required Sum. Upon receipt thereof, the Borrower shall (on such date (the “Due Date”) and by such time as is required by the IBLA Creditor to enable it to settle the invoice in a timely manner) pay to the IBLA Creditor an Invoice shall be paid amount equal to the amount of the Required Sum as specified in immediately available and freely transferable clear fundssuch notice in accordance with Clause 5.3 (Payment of other amounts), for value Clause 7.1 (Upfront fees), Clause 7.2 (Facility fees), Clause 10 (Indemnities) or Clause 14.1 (Payments to the IBLA Creditor) (on or before the date on which such payment is due) to enable the IBLA Creditor to settle the invoice directly. In the event that the Borrower is unable to pay any Required Sum in full by the Due Date, the Borrower shall notify the IBLA Creditor Cash Manager in writing seven Business Days prior to the Due Date of such account of shortfall. Notwithstanding the TSP or Long Term Transmission Customers as shall have been previously notified foregoing, if any Required Sum is payable in accordance with the IBLA Creditor Finance Documents prior to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this AgreementDue Date, the two amounts, to IBLA Creditor shall notify the extent agreed to be set off by the TSP may, be set off against each other Borrower thereof and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers Borrower shall pay the IBLA Creditor the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers Required Sum in accordance with Article 10.6.6 belowthe IBLA Creditor Finance Documents. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Issuer Borrower Loan Agreement

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Project Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- Rupees Sixteen Crore Ninety Five Lakh Only (Rupees Eight Crore and Eighty Nine Lakh OnlyRs 16.95 Crore), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. [Insert identified place or account] (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… [Insert identified place] for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to by the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.thirty

Appears in 1 contract

Samples: Standard Implementation and Service Agreement

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Customer‟s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- (Rupees Eight Crore and Eighty Nine Lakh 41,15,00,000/-(Rupees forty one crore fifteen lakh Only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

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Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- Rs.7,84,00,000/- (Rupees Eight Seven Crore and Eighty Nine Four Lakh Only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Customer‟s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- 24,50,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Onlytwenty four crore fifty lakh only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; ; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

Payment of Invoices. 10.6.1 Pursuant (i) SKCA shall issue an invoice to Article 10.4Anacomp for Products purchased by Anacomp hereunder on the date such Products are delivered to Anacomp as described in Section 7.4. Such date is hereinafter referred to as the "Invoice Date" and the amount of such invoice is hereinafter referred to as the "Invoiced Amount." Upon the expiration of thirty (30) days following each Invoice Date, any such Invoiced Amount shall be deemed an "Outstanding Amount" under the Trade Credit Arrangement. The sum from time to time of the aggregate of all Invoiced Amounts that have not yet been paid under clause (ii) of this Section 7.5(g) (regardless of whether such Invoiced Amounts have become Outstanding Amounts) is hereinafter referred to as the "Aggregate Exposure." (ii) Anacomp shall from time to time pay such invoices (beginning with the first invoice billed to Anacomp pursuant to this Agreement, and thereafter on a first in-first out basis) as are necessary (A) to maintain the aggregate Outstanding Amounts at all times at an amount payable under less than or equal to $5,000,000 and (B) to maintain the Aggregate Exposure at all times at an Invoice amount less than or equal to $2,600,000. Such invoices shall be paid in immediately available and freely transferable clear funds, for value by Anacomp at least three (3) business days prior to the date on or before which the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers Outstanding Amounts or the TSPAggregate Exposure, as the case may be. 10.6.2 Where , would otherwise exceed the relevant amount set forth in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers preceding sentence. Prior to TSP July 1, 1997, Anacomp shall from time to time pay such invoices (beginning with the first invoice billed to Anacomp pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Invoice as per provisions of this Agreement, and thereafter on a first in-first out basis) as are necessary (A) to maintain the two amounts, aggregate Outstanding Amounts at all times at an amount less than or equal to $25,000,000 and (B) to maintain the extent agreed Aggregate Exposure at all times at an amount less than or equal to be set off by the TSP may, be set off against each other and the balance, if any, $29,000,000. Such invoices shall be paid by Long Term Transmission Customers Anacomp at least three (3) business days prior to the TSP date on which the Outstanding Amounts or by TSP to Long Term Transmission Customersthe Aggregate Exposure, as the case may be, would otherwise exceed the relevant amount set forth in the preceding sentence. Notwithstanding the foregoing, on March 25, 1997, the limit for aggregate Outstanding Amounts was reduced from $25 million to $15 million, and on February 11, 1998, to $5 million. 10.6.3 The Long Term Transmission Customers shall pay (iii) Upon the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date written request of any party not subject to such account of the TSP, as shall have been previously notified termination by the TSP other party pursuant to Section 14.1, the $2,600,000 limit set forth in Section 7.5(g)(ii)(B) shall be adjusted annually (to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30nearest $100,000) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent that Anacomp's average monthly purchases hereunder during the previous twelve (12) months are greater or less than $2,600,000. Such adjustment shall be effective beginning on the first day of the amounts month following such determination; PROVIDED, HOWEVER, that if Anacomp is required to adjust the $2,600,000 limit set forth in Section 7.5(g)(ii)(B) (or such lower amount if such limit has been previously adjusted downward pursuant to this Section 7.5(g)(iii)) to an amount below $2,600,000 or the then existing limit, then Anacomp shall have 90 days to comply with any such adjustment. Prior to December 1, 1997, upon the written request of any party not disputed. It is clarified that subject to termination by the Long Term Transmission Customers other party pursuant to Section 14.1, the $29,000,000 limit set forth in Section 7.5(g)(ii)(B) shall be entitled adjusted annually (to claim any set off the nearest $100,000) to the extent that Anacomp's average monthly purchases hereunder during the previous twelve (12) months are greater or deduction under this Article, after expiry less than $4,000,000. Such adjustment shall be effective beginning on the first day of the said thirty month following such determination; provided, however, that if Anacomp is required to adjust the $29,000,000 limit set forth in Section 7.5(g)(ii)(B) (30or such lower amount if such limit has been previously adjusted downward pursuant to this Section 7.5(g)(iii)) day period. Provided furtherto an amount below $29,000,000 or the then existing limit, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together then Anacomp shall have 90 days to comply with any such adjustment. (proportionate to their Allocated Transmission Capacity in case iv) SKCA shall give Anacomp at least seven (7) days" prior written notice of each Long Term Transmission Customer) under this Article in a Contract Year delivery of Products hereunder. Failure to give such notice shall not exceed Rs. 8,89,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Only), except on account relieve Anacomp of its obligation to make payments under sub Article (i) abovehereunder. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account"v) for all payments From May 17, 1996 to be made by the Long Term Transmission Customers to the TSPDecember 1, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall1997, on the day of paymentReorganization Effective Date, notify Anacomp will make a cash payment to SKC in an amount necessary to bring the TSP aggregate Outstanding Amounts to an amount less than $25,000,000, as required by Section 7.5(g)(i) of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first ElementAgreement.

Appears in 1 contract

Samples: Master Supply Agreement (Anacomp Inc)

Payment of Invoices. 10.6.1 Pursuant to Article 10.4, any amount payable under an Invoice shall be paid in immediately available and freely transferable clear funds, for value on or before the Due Date, to such account of the TSP or Long Term Transmission Customers as shall have been previously notified to Long Term Transmission Customers or the TSP, as the case may be. 10.6.2 Where in respect of any month there is both: a. an amount payable by the Long Term Transmission Customers to TSP pursuant to a Monthly Transmission Charge Invoice and b. an amount payable by the TSP to Long Term Transmission Customer pursuant to a Long Term Transmission Customer’s Customer‟s Invoice as per provisions of this Agreement, the two amounts, to the extent agreed to be set off by the TSP may, be set off against each other and the balance, if any, shall be paid by Long Term Transmission Customers to the TSP or by TSP to Long Term Transmission Customers, as the case may be. 10.6.3 The Long Term Transmission Customers shall pay the amount payable under the Monthly Transmission Charge Invoice and the Supplementary Xxxx on the Due Date to such account of the TSP, as shall have been previously notified by the TSP to the Long Term Transmission Customers in accordance with Article 10.6.6 below. 10.6.4 All payments made by the Long Term Transmission Customers shall be appropriated by the TSP in the following order of priority: i. towards Late Payment Surcharge, payable to the TSP, if any; ii. towards earlier unpaid Monthly Transmission Charge Invoice, if any; iii. towards earlier unpaid Supplementary Xxxx, if any; iv. towards the then current Monthly Transmission Charge Invoice, if any; and v. towards the then current Supplementary Xxxx. 10.6.5 All payments required to be made under this Agreement shall only include any deduction or set off for: : i. deductions required by the Law; and ii. amounts claimed by the Long Term Transmission Customers from the TSP, through an Invoice duly acknowledged by the TSP, to be payable by the TSP, and not disputed by the TSP within thirty (30) days of receipt of the said Invoice and such deduction or set-off shall be made to the extent of the amounts not disputed. It is clarified that the Long Term Transmission Customers shall be entitled to claim any set off or deduction under this Article, after expiry of the said thirty (30) day period. Provided further, the maximum amounts that can be deducted or set-off by all the Long Term Transmission Customers taken together (proportionate to their Allocated Transmission Capacity in case of each Long Term Transmission Customer) under this Article in a Contract Year shall not exceed Rs. 8,89,00,000/- (Rupees Eight Crore and Eighty Nine Lakh Only), except on account of payments under sub Article (i) above. 10.6.6 The TSP shall open a bank account at …………………. (the "Designated Account") for all payments to be made by the Long Term Transmission Customers to the TSP, and notify the Long Term Transmission Customers of the details of such account at least ninety (90) days before the Scheduled COD of the first Element to the Long Term Transmission Customers. The Long Term Transmission Customers shall, on the day of payment, notify the TSP of the payment made to the Designated Account. The Long Term Transmission Customers shall also designate a bank account at ………………………… for payments to be made by the TSP to Long Term Transmission Customers and notify the TSP of the details of such account ninety (90) days before the Scheduled COD of the first Element.

Appears in 1 contract

Samples: Transmission Service Agreement

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