Common use of Payment Statement and Payment Clause in Contracts

Payment Statement and Payment. No later than 30 days after the end of each calendar month (or the last day of the month if the month in which the payment statement is being sent is February), or the last Business Day of the month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Seller: A table showing the hourly electric energy quantities for each of the following, in MWh per hour: Seller’s Energy Forecast; Seller’s Day-Ahead Forecast; Metered Energy; Metered Amounts; The final Buyer Energy Schedule; and The final Buyer Parent Energy Schedule. A statement showing: XXX Period subtotals and overall monthly totals for each of the items set forth in Section 4.03(a)(i); A calculation of the Monthly Contract Payment, as set forth in Exhibit D; A calculation of any payment adjustments pursuant to Section 4.02; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, a calculation of any payment adjustments pursuant to Exhibit S; and A calculation of the net dollar amount due for the month. Buyer’s payment to Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month (less any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within 20 days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-data acquisition and processing system, Buyer shall promptly recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after Xxxxx’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: Under this Agreement; or Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 45-day period, Seller shall have an additional 90 days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx identifies an error in Seller’s favor and Xxxxx agrees that the identified error occurred, Xxxxx shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx identifies an error in Xxxxx’s favor and Xxxxx agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law.

Payment Statement and Payment. No later than 30 days after the end of each calendar month (or the last day of the month if the month in which the payment statement is being sent is February), or the last Business Day of the month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Seller: A table showing the hourly electric energy quantities for each of the following, in MWh per hour: Seller’s Energy Forecast; Seller’s Day-Ahead Forecast; Metered Energy; Metered Amounts; The final Buyer Energy Schedule; and The final Buyer Parent Energy Schedule. A statement showing: XXX Period subtotals and overall monthly totals for each of the items set forth in Section 4.03(a)(i); A calculation of the Monthly Contract Payment, as set forth in Exhibit D; A calculation of any payment adjustments pursuant to Section 4.02Sections 4.02 or 4.04; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, a A calculation of any payment adjustments pursuant to Exhibit S; and A calculation of the net dollar amount due for the month. Buyer’s payment to Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month (less including a deduction for any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within 20 days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-data acquisition and processing system, Buyer shall promptly recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after Xxxxx’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 30 days of receipt of such invoice. Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: Under this Agreement; or Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 45-day period, Seller shall have an additional 90 days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx identifies an error in Seller’s favor and Xxxxx agrees that the identified error occurred, Xxxxx shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx identifies an error in Xxxxx’s favor and Xxxxx agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law.

Payment Statement and Payment. (a) No later than 30 thirty (30) days after the end of each calendar month (or the last day of the month if the month in which the payment statement is being sent is February), or the last Business Day of the month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Seller: : (i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour: : 1) Seller’s Energy Forecast; ; 2) Seller’s Day-Ahead Forecast; ; 3) Metered Energy; Metered Amounts; ; 4) The final Buyer Energy Schedule; and and 5) The final Buyer Parent Energy Schedule. . (ii) A statement showing: : 1) XXX Period subtotals and overall monthly totals for each of the items set forth in Section 4.03(a)(i); ; 2) A calculation of the Monthly Contract Payment, as set forth in Exhibit D; C; 3) A calculation of any payment adjustments pursuant to Section 4.02; If Section 1.06(dand 4) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, a calculation of any payment adjustments pursuant to Exhibit S; and A calculation of the net dollar amount due for the month. . (iii) Buyer’s payment to Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month (less any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within 20 twenty (20) days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. date. (b) If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-data acquisition and processing system, Buyer shall promptly recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after Xxxxx’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 twenty (20) days of receipt of such invoice. . (c) Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: : (i) Under this Agreement; or or (ii) Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. . (d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 ninety (90) days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 4590-day period, Seller shall have an additional 90 ninety (90) days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx identifies an error in Seller’s favor and Xxxxx agrees that the identified error occurred, Xxxxx shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx identifies an error in Xxxxx’s favor and Xxxxx agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer Xxxxx may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 twenty (20) days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. . (e) Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law.

Payment Statement and Payment. (a) No later than 30 thirty (30) days after the end of each calendar month (or the last day of the month if the month in which the payment statement is being sent is February), or the last Business Day of the month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Seller: : (i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour: : 1) Seller’s Energy Forecast; ; 2) Seller’s Day-Ahead Forecast; ; 3) Metered Energy; Metered Amounts; ; 4) The final Buyer Energy Schedule; and and 5) The final Buyer Parent Energy Schedule. . (ii) A statement showing: : 1) XXX Period subtotals and overall monthly totals for each of the items set forth in Section 4.03(a)(i); ; 2) A calculation of the Monthly Contract Payment, as set forth in Exhibit D; C or Exhibit C (1), as determined pursuant to Section 1.05; 3) A calculation of any payment adjustments pursuant to Section 4.02; If Section 1.06(dand 4) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, a calculation of any payment adjustments pursuant to Exhibit S; and A calculation of the net dollar amount due for the month. . (iii) Buyer’s payment to Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month (less any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within 20 twenty (20) days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. date. (b) If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-meter- data acquisition and processing system, Buyer shall promptly recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after XxxxxBuyer’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 twenty (20) days of receipt of such invoice. . (c) Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: : (i) Under this Agreement; or or (ii) Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. . (d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 ninety (90) days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 4590-day period, Seller shall have an additional 90 ninety (90) days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx Seller identifies an error in Seller’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxx Buyer shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx Seller identifies an error in XxxxxBuyer’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxxx Seller shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 twenty (20) days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. . (e) Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law.

Payment Statement and Payment. (a) No later than 30 thirty (30) days after the end of each calendar month (or the last day of the month if the month in which the payment statement is being sent is February), or the last Business Day of the month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Seller: : (i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour: : 1) Seller’s Energy Forecast; ; 2) Seller’s Day-Ahead Forecast; ; 3) Metered Energy; Metered Amounts; ; 4) The final Buyer Energy Schedule; and and 5) The final Buyer Parent Energy Schedule. . (ii) A statement showing: : 1) XXX Period subtotals and overall monthly totals for each of the items set forth in Section 4.03(a)(i); ; 2) A calculation of the Monthly Contract Payment, as set forth in Exhibit D; C; 3) A calculation of any payment adjustments pursuant to Section 4.02; If Section 1.06(dand 4) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, a calculation of any payment adjustments pursuant to Exhibit S; and A calculation of the net dollar amount due for the month. . (iii) Buyer’s payment to Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month (less any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within 20 twenty (20) days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. date. (b) If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-data acquisition and processing system, Buyer shall promptly recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after XxxxxBuyer’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 twenty (20) days of receipt of such invoice. . (c) Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: : (i) Under this Agreement; or or (ii) Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. . (d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 ninety (90) days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 4590-day period, Seller shall have an additional 90 ninety (90) days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx Seller identifies an error in Seller’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxx Buyer shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx Seller identifies an error in XxxxxBuyer’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxxx Seller shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 twenty (20) days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. . (e) Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law. (f) Notwithstanding anything to the contrary in this Section 4.03, this Section 4.03 shall not be applicable during or with respect to any QF Settlement Contract Payment Period applicable under this Agreement and during such time the Applicable QF 20MW Settlement Contract Payment Provisions shall apply.

Payment Statement and Payment. (a) No later than 30 days after the end of each calendar month (or the last day of the month if the month in which the payment statement is being sent is February), or the last Business Day of the month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Seller: : (i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour: : 1) Seller’s Energy Forecast; ; 2) Seller’s Day-Ahead Forecast; Metered Energy; and 3) Metered Amounts; The final Buyer Energy Schedule; and The final Buyer Parent Energy Schedule. . (ii) A statement showing: : 1) XXX Period subtotals and overall monthly totals for each of the items set forth in Section 4.03(a)(i); ; 2) A calculation of the Monthly Contract Payment, as set forth in Exhibit D; ; 3) A calculation of any payment adjustments pursuant to Section 4.02; If Section 1.06(dand 4) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, a calculation of any payment adjustments pursuant to Exhibit S; and A calculation of the net dollar amount due for the month. . (iii) Buyer’s payment to Seller, in accordance with Section 9.159.16, in the net dollar amount owed to Seller for the month (less any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within 20 days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. . (b) If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-data acquisition and processing system, Buyer shall promptly recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after XxxxxBuyer’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. . (c) Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: : (i) Under this Agreement; or or (ii) Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. . (d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 45-day period, Seller shall have an additional 90 days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx Seller identifies an error in Seller’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxx Buyer shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx Seller identifies an error in XxxxxBuyer’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxxx Seller shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law.

Payment Statement and Payment. (a) No later than 30 days after the end of each calendar month (or the last day of the month if the month in which the payment statement is being sent is February), or the last Business Day of the month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Seller: : (i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour: : 1) Seller’s Energy Forecast; ; 2) Seller’s Day-Ahead Forecast; ; 3) Metered Energy; Metered Amounts; ; 4) The final Buyer Energy Schedule; and and 5) The final Buyer Parent Energy Schedule. . (ii) A statement showing: : 1) XXX Period subtotals and overall monthly totals for each of the items set forth in Section 4.03(a)(i); . 2) A calculation of the Monthly Contract Payment, as set forth in Exhibit D; ; 3) A calculation of any payment adjustments pursuant to Section 4.02; If Section 1.06(dand 4) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, a calculation of any payment adjustments pursuant to Exhibit S; and A calculation of the net dollar amount due for the month. . (iii) Buyer’s payment to Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month (less any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within 20 days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. date. (b) If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-data acquisition and processing system, Buyer shall promptly recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after XxxxxBuyer’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. . (c) Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: : (i) Under this Agreement; or or (ii) Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. . (d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 45-day period, Seller shall have an additional 90 days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx Seller identifies an error in Seller’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxx Buyer shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx Seller identifies an error in XxxxxBuyer’s favor and Xxxxx Buyer agrees that the identified error occurred, Xxxxxx Seller shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law.

Payment Statement and Payment. No later than 30 days (a) On or about the tenth (10th) day of each month after Initial Synchronization and every month thereafter, and continuing through and including the first month following the end of each calendar month the Term, Seller shall provide to Buyer (i) daily and hourly records of Metered Amounts during the preceding month; and (ii) an itemized invoice calculating the amount payable to Seller for the previous month, based upon: (1) the sum of the Energy Price multiplied by the Delivered Amounts for such month; plus (2) the Transmission Costs incurred by Seller for the delivery of the electric energy from the Generating Facility to the Delivery Point, including Delivery Losses valued at the Energy Price (unless and to the extent that Buyer directly pays for any such costs; minus (3) any amounts due from Seller to Buyer under Section 3.01 of this Agreement. The invoice shall list all components of charges and how the charges are calculated. Seller shall provide or cause to be provided to Buyer a monthly record of all charges for transmission or pass through charges from the last Transmission provider at the time the invoice is rendered for such charges. Buyer shall pay the undisputed amount of such invoices on or before the later of the twenty-fifth (25th) day of the each month if the month in which the payment statement is being sent is February), or the last Business Day and fifteen (15) days after receipt of the month if such 30th day (invoice. If either the invoice date or 28th or 29th day for February) payment date is not a Business Day, Buyer then such invoice or payment shall be provided on the next following Business Day. Each Party will make payments by electronic funds transfer, or by other mutually agreeable method(s), to the account designated by the other Party. Any undisputed amounts not paid by the due date will be deemed delinquent and will accrue interest at the Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid in full. Invoices may be sent by facsimile or e-mail to Seller: A table showing as specified in Exhibit C. (i) In the hourly electric energy quantities for each event an invoice or portion thereof or any other claim or adjustment arising hereunder, is disputed, payment of the following, in MWh per hour: Seller’s Energy Forecast; Seller’s Day-Ahead Forecast; Metered Energy; Metered Amounts; The final Buyer Energy Schedule; and The final Buyer Parent Energy Schedule. A statement showing: XXX Period subtotals and overall monthly totals for each undisputed portion of the items set forth in Section 4.03(a)(i); A calculation invoice shall be required to be made when due, with Notice of the Monthly Contract Payment, as set forth objection given to the other Party. Any invoice dispute or invoice adjustment shall be in Exhibit D; A calculation of any payment adjustments pursuant to Section 4.02; If Section 1.06(d) provides that Buyer has assumed some writing and shall state the basis for the dispute or all adjustment. Payment of the GHG Compliance Costs under this Agreement, a calculation of any payment adjustments pursuant to Exhibit S; and A calculation of disputed amount shall be paid into escrow as mutually agreed upon by the net dollar amount due for Parties or held by Seller until the monthdispute is resolved. Buyer’s payment to Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month (less any overpayments by Buyer of Seller’s GHG Compliance Costs, if any, under Section 4.04 in any calendar month); provided, however, in In the event the statement shows a net amount owed adjustments to Buyer, Seller shall pay such amount within 20 days of the statement date or, if Seller fails to make such payment, Buyer may offset this amount from a subsequent Monthly Contract Payment. If Buyer determines that a calculation of Metered Energy or Metered Amounts is incorrect payments are required as a result of an inaccurate meter reading or the correction of data by the CAISO in the CAISO’s meter-data acquisition and processing systemmeter(s), Buyer shall promptly use corrected measurements to recompute the Metered Energy or Metered Amounts quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading in accordance with the CAISO Tariff. Buyer shall then promptly recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller during the period of inaccuracy. The Parties agree to use good faith efforts to resolve the dispute or Seller to Buyeridentify the adjustment as soon as possible. Upon resolution of the dispute or calculation of the adjustment, as the case may be, any required payment shall be made as within fifteen (15) days of such resolution along with interest accrued at the Interest Rate from and including the due date, but excluding the date paid. Inadvertent overpayments shall be returned upon request or deducted by the Party receiving such overpayment from subsequent payments, with interest accrued at the Interest Rate from and including the date of such overpayment, but excluding the date repaid or deducted by the Party receiving such overpayment. Any dispute with respect to an invoice is waived unless the other Party is notified in accordance with this Section 10.07 within twelve (12) months after the invoice is rendered by Seller and received by Buyer or any specific adjustment to the next monthly statement that invoice is calculated after Xxxxx’s recomputation using corrected measurementsmade. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to an invoice is not rendered by Seller as shown on the next monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s monthly statement until such amount is fully collected and received by Buyer. At Buyer’s sole discretion, Buyer may offset any remaining amount owed to Buyer in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days twelve (12) months after the close of receipt of such invoice. Buyer reserves the month during which performance under this Agreement occurred, the right to deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer: Under this Agreement; or Arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, within 45 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the CAISO after the expiration of the original 45-day period, Seller shall have an additional 90 days from the date on which it receives the information from the CAISO in which to give Notice to Buyer of the error identified by such settlement, audit or other information. If Xxxxxx identifies an error in Seller’s favor and Xxxxx agrees that the identified error occurred, Xxxxx shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to the next monthly statement that is calculated. If Xxxxxx identifies an error in Xxxxx’s favor and Xxxxx agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to the next monthly statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to Buyer. At Buyer’s sole discretion, Buyer may apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. The Parties shall negotiate to resolve any disputes regarding claimed errors in a statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure in Article Ten. Nothing in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Lawperformance is waived.