Payment Statement and Payment. (a) SCE shall mail to Seller, no later than 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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is a weekend day or holiday during which: (i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour: 1) Seller’s Energy Forecast; 2) Metered Energy; 3) The final SCE Energy Schedule; and 4) The final SCE 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) above. 2) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT F; 3) A calculation of any payment adjustments pursuant to Sections 4.02; and 4) A calculation of the net dollar amount due Seller for the month. (iii) SCE’s payment check to Seller made out in the net dollar amount owed to Seller for the month. (b) In the event SCE determines that a calculation of Metered Energy is incorrect as a result of inaccurate meter reading or the correction of data by the CAISO in CAISO’s meter data acquisition and processing system, SCE shall promptly recompute the Metered Energy quantity for the period of the inaccuracy based upon an adjustment of the inaccurate meter readings in accordance with the CAISO Tariff. SCE shall then promptly recompute any payment, or payment adjustment, affected by the inaccuracy. Any amount due from SCE to Seller, or Seller to SCE, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after SCE’s recomputation using corrected measurements. In the event that the recomputation results in a net amount owed to SCE after offsetting any amounts owing to Seller as shown on the next monthly RAP ID #[Number], [Seller’s Name] statement, any such additional amount still owing to SCE shall be shown as an adjustment on Seller's monthly statement until such amount is fully collected by SCE. At SCE's discretion, SCE may offset any remaining amount owed SCE in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of receipt of such invoice. (c) SCE reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from: (i) Any amounts owing and unpaid by Seller to SCE under this Agreement; or (ii) Any amount owed to SCE by Seller arising out of, or related to, any other agreement, tariff, obligation or liability. (d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if within forty-five (45) days of receipt of SCE’s payment statement, Seller does not give Notice to SCE of an error, then Seller shall be deemed to have waived any error in SCE’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; ninety (90) days from the date on which it receives the information from the CAISO in which to give Notice to SCE of the error identified by such settlement, audit or other information. If Seller identifies an error in Seller’s favor and SCE agrees that the identified error occurred, SCE 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 Seller identifies an error in SCE’s favor and SCE agrees that the identified error occurred, Seller shall reimburse SCE for the amount of overpayment caused by the error and SCE shall apply the overpayment to the next monthly statement that is calculated. RAP ID #[Number], [Seller’s Name] In the event that the recomputation results in a net amount still owing to SCE after applying the overpayment, the next monthly statement shall show a net amount owing to SCE. At SCE's discretion, SCE may apply this net amount owing to SCE in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of receipt of such invoice. The Parties shall negotiate in good faith 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 shall limit SCE’s rights under applicable tariffs, other agreements or Applicable Law.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Payment Statement and Payment. (a) SCE shall mail to Seller, no No later than 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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is not a weekend day or holiday during whichBusiness 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; ID #[Number], [Seller’s Name]
2) Seller’s Day-Ahead Forecast;
23) Metered Energy;
34) The final SCE Buyer Energy Schedule; and
45) The final SCE Buyer Parent Energy Schedule.
(ii) A statement showing:
1) XXX Period subtotals, subtotals and overall monthly totals, totals for each of the items set forth in Section 4.03(a)(i) above.);
2) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT FExhibit C or Exhibit C (1), as determined pursuant to Section 1.05;
3) A calculation of any payment adjustments pursuant to Sections Section 4.02; and
4) A calculation of the net dollar amount due Seller for the month.
(iii) SCEBuyer’s payment check to Seller made out Seller, in accordance with Section 9.15, in the net dollar amount owed to Seller for the month; provided, however, in the event the statement shows a net amount owed to Buyer, Seller shall pay such amount within twenty (20) days of the statement date.
(b) In the event SCE If Buyer determines that a calculation of Metered Energy 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, SCE Buyer shall promptly recompute the Metered Energy quantity for the period of the inaccuracy based upon on an adjustment of the such inaccurate meter readings reading in accordance with the CAISO Tariff. SCE Buyer shall then promptly recompute any payment, payment or payment adjustment, adjustment affected by the such inaccuracy. Any amount due from SCE Buyer to Seller, Seller or Seller to SCEBuyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after SCEBuyer’s recomputation using corrected measurements. In the event that If the recomputation results in a net amount owed to SCE Buyer after offsetting any amounts owing to Seller as shown on the next monthly RAP ID #[Number], [Seller’s Name] statement, any such additional amount still owing to SCE Buyer shall be shown as an adjustment on Seller's ’s monthly statement until such amount is fully collected by SCEBuyer. At SCE's Buyer’s sole discretion, SCE Buyer may offset any remaining amount owed SCE 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 SCE Buyer within twenty (20) days of receipt of such invoice.
(c) SCE Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from:
(i) Any from any amounts owing and unpaid by Seller to SCE under Buyer: ID #[Number], [Seller’s Name]
(i) Under this Agreement; or
(ii) Any amount owed to SCE by Seller arising Arising out of, of or related to, to any other agreement, tariff, obligation or liabilityliability 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 if, within forty-five ninety (4590) days of receipt of SCEBuyer’s payment statement, Seller does not give Notice to SCE Buyer of an error, then Seller shall be deemed to have waived any error in SCEBuyer’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 90-day period, Seller shall have an additional ninety (90) days from the date on which it receives the information from the CAISO in which to give Notice to SCE Buyer of the error identified by such settlement, audit or other information. If Seller identifies an error in Seller’s favor and SCE Buyer agrees that the identified error occurred, SCE 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 Seller identifies an error in SCEBuyer’s favor and SCE Buyer agrees that the identified error occurred, Seller shall reimburse SCE Buyer for the amount of overpayment caused by the error and SCE Buyer shall apply the overpayment to the next monthly statement that is calculated. RAP ID #[Number], [Seller’s Name] In the event that If the recomputation results in a net amount still owing to SCE Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to SCEBuyer. At SCE's Buyer’s sole discretion, SCE Buyer may apply this net amount owing to SCE Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE Buyer within twenty (20) days of receipt of such invoice. The Parties shall negotiate in good faith 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 Article Ten. .
(e) Nothing in this Section 4.03 shall limit SCElimits a Party’s rights under applicable tariffs, other agreements or Applicable Law.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Payment Statement and Payment. (a) SCE shall mail to Sellershall, no later than thirty (30) days after the end of each calendar month during the Term (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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is a weekend day or holiday during whichholiday, do each of the following:
(i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour:
1) Seller’s Energy Forecast;
2) Metered Energy;
3) The final SCE Energy Schedule; and
4) The final SCE Parent Energy Schedule.
(ii) A Send a statement to Seller showing:
(1) The Scheduled Amounts for each XXX Period subtotals, and overall monthly totals, during the month for each of which the items set forth in Section 4.03(a)(i) above.payment is being made;
(2) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT Famount payable to Seller for the month pursuant to Section 4.02(a);
(3) A calculation of any payment adjustments pursuant to Sections 4.02Section 4.02(b); and
(4) A calculation of the net dollar amount due Seller for the monthSeller.
(iiiii) Send to Seller, via wire transfer, SCE’s payment check to Seller made out in of said net amount, plus a Simple Interest Payment calculated using the net dollar amount owed to Seller for Interest Rate and the monthnumber of days that the payment is late.
(b) In the event SCE determines that a calculation of Metered Energy Amounts for any purpose hereunder is incorrect as a result of inaccurate meter reading meters or the correction of data by the CAISO ISO in CAISO’s meter data acquisition and processing systemOMAR, SCE shall promptly recompute the Metered Energy quantity Amounts for the period of the inaccuracy based upon an adjustment of the inaccurate meter readings in accordance with the CAISO ISO Tariff. SCE shall then also promptly recompute any payment, or payment adjustment, affected by the inaccuracy. Any amount due from SCE to Seller, or Seller to SCE, as the case may be, shall be made as an adjustment to the next monthly payment statement that is calculated after SCE’s recomputation using corrected measurements. In the event that the recomputation results in a net amount owed to SCE after offsetting any amounts owing to Seller as shown on the next monthly RAP ID #[Number], [Seller’s Name] payment statement, any such additional amount still owing to SCE shall be shown as an adjustment offset on Seller's next monthly statement until such amount is fully collected by SCEpayment statement. At SCE's discretion, SCE may offset any remaining amount owed SCE in on any subsequent monthly payments payment statement to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of after receipt of such invoice. Adjustment payments for meter inaccuracy shall not bear interest.
(c) SCE reserves the right to deduct apply amounts that would otherwise be due to Seller under this Agreement fromas an offset in payment of:
(i) Any amounts owing and unpaid by Seller to SCE under this Agreement; or
(ii) Any amount owed to SCE by Seller arising out of, or related to, any other SCE agreement, tariff, obligation or liability. Nothing in this Section 4.03 shall limit SCE’s rights under applicable tariffs, other agreements or Applicable Law.
(d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if within forty-forty five (45) days of after receipt of SCE’s payment statement, Seller does not give Notice to SCE of an error, then Seller shall be deemed to have waived any error in SCE’s statement, computation and payment payment, and the statement shall be conclusively deemed correct and complete; ninety provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the ISO after the expiration of the original forty five (9045) day period, Seller shall have an additional forty five (45) days from the date on which it receives the information from the CAISO ISO in which to give Notice to SCE of the error identified by such settlement, audit or other information. If Seller identifies an error in Seller’s favor and SCE agrees that the identified error occurred, SCE shall reimburse Seller for the amount of the underpayment caused by the error and add apply the underpayment additional payment to the next monthly payment statement that is calculated. If Seller identifies an error in SCE’s favor and SCE agrees that the identified error occurred, Seller shall reimburse SCE for may offset the amount of overpayment caused by the error against amounts otherwise owed to Seller and SCE shall apply the overpayment offset to the next monthly payment statement that is calculated. RAP ID #[Number]Late payments to Seller resulting from SCE’s errors, [or overpayments to Seller by SCE, shall include a Simple Interest Payment calculated using the Interest Rate and the number of days between the date due (or, in the case of overpayments by SCE, commencing five (5) Business Days from the date SCE provides Notice of such overpayments to Seller’s Name] ) and the date paid; provided, however, that changes made because of settlement, audit or other information provided by the ISO and not available to SCE when it rendered its original statement shall not bear interest. In the event that the recomputation results in a net amount still owing to SCE after applying the overpaymentoffsetting any amounts owed to Seller, the next monthly payment statement shall show a net amount owing to SCE. At SCE's discretion, SCE may apply offset this net amount owing owed to SCE in on any subsequent monthly statements payment statement to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of after receipt of such invoice. The Parties shall negotiate in good faith to resolve any disputes regarding claimed errors in a payment statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure mediation and arbitration as provided in ARTICLE Ten. Nothing in this Section 4.03 shall limit SCE’s rights under applicable tariffs, other agreements or Applicable LawArticle Twelve.
Appears in 1 contract
Payment Statement and Payment. (a) SCE shall mail to Seller, no No later than 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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is a weekend day or holiday during which:
(i) A table showing the hourly electric energy quantities Scheduled Amounts are provided to SCE;
(ii) Adjustments for payment errors are made as set forth below; or
(iii) CAISO Charges are incurred. SCE shall do each of the following, in MWh per hour:
1(iv) Seller’s Energy Forecast;
2) Metered Energy;
3) The final SCE Energy Schedule; and
4) The final SCE Parent Energy Schedule.
(ii) A Send a statement to Seller showing:
(1) The Scheduled Amounts for each XXX Period subtotals, and overall monthly totals, during the month for each of which the items set forth in Section 4.03(a)(ipayment is being made;
(2) above.The CAISO Charges incurred;
2(3) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT F;
3) A calculation of any payment adjustments amount payable to Seller for the month pursuant to Sections Section 4.02; and
(4) A calculation of the net dollar amount due Seller for the monthSeller.
(iiiv) Send to Seller, via wire transfer, SCE’s payment check to Seller made out in of said net amount, plus a Simple Interest Payment calculated using the net dollar amount owed to Seller for Interest Rate and the monthnumber of days that the payment is late.
(b) In the event SCE determines that a calculation of Metered Energy Delivered Amounts, or CAISO Charges is incorrect as a result of inaccurate meter reading or the correction of data by the CAISO in CAISO’s meter data acquisition and processing systeminaccuracy, SCE shall promptly recompute the Metered Energy quantity Delivered Amounts or CAISO Charges for the period of the inaccuracy based upon an adjustment of the inaccurate meter readings readings, correction of data or recalculation of CAISO Charges in accordance with the CAISO Tariff. SCE shall then also promptly recompute any payment, or payment adjustment, affected by the inaccuracy. Any amount due from SCE to Seller, or Seller to SCE, as the case may be, shall be made as an adjustment to the next monthly payment statement that is calculated after SCE’s recomputation using corrected measurements. In the event that the recomputation results in a net amount owed to SCE after offsetting applying any amounts owing to Seller as shown on the next monthly RAP ID #[Number], [Seller’s Name] payment statement, any such additional amount still owing to SCE shall be shown as an adjustment on netted against amounts owed to Seller in any subsequent monthly payments to Seller or invoiced to Seller's monthly statement until , in which case Seller must pay the amount owing to SCE within twenty (20) days after receipt of such amount is fully collected by SCEinvoice. At SCE's discretion, SCE may offset net any remaining amount owed SCE in on any subsequent monthly payments payment statement to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of after receipt of such invoice.
(c) . SCE reserves may make payment adjustments arising from a recalculation of CAISO Charges or as a result of inaccurate meters after the right to deduct amounts end of the Term, provided that would otherwise be due to Seller under this Agreement from:
(i) Any amounts owing and unpaid by Seller to SCE under this Agreement; or
(ii) Any amount owed to SCE by Seller arising out of, or related to, any other agreement, tariff, obligation or liability.
(d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if within forty-five (45) days of receipt of SCE’s payment statement, Seller does not give Notice to SCE of an error, then Seller the Parties shall be deemed to have waived any error in SCE’s statement, computation and such payment and the statement shall be conclusively deemed correct and complete; ninety (90) days from the date on adjustments which it receives the information from the CAISO in which to give Notice to SCE of the error identified by such settlement, audit or other information. If Seller identifies an error in Seller’s favor and SCE agrees that the identified error occurred, SCE 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 Seller identifies an error in SCE’s favor and SCE agrees that the identified error occurred, Seller shall reimburse SCE for the amount of overpayment caused by the error and SCE shall apply the overpayment to the next monthly statement that is calculated. RAP ID #[Number], [Seller’s Name] In the event that the recomputation results in a net amount still owing to SCE after applying the overpayment, the next monthly statement shall show a net amount owing to SCE. At SCE's discretion, SCE may apply this net amount owing to SCE in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of receipt of such invoice. The Parties shall negotiate in good faith 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 not communicated in this Section 4.03 shall limit SCE’s rights under applicable tariffs, other agreements or Applicable Law4.03(b) within twenty-eight (28) months from the end of the Term.
Appears in 1 contract
Payment Statement and Payment. (a) SCE shall mail to Sellershall, no later than thirty (30) days after the end of each calendar month during the Term (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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is a weekend day or holiday during whichholiday, do each of the following:
(i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour:
1) Seller’s Energy Forecast;
2) Metered Energy;
3) The final SCE Energy Schedule; and
4) The final SCE Parent Energy Schedule.
(ii) A Send a statement to Seller showing:
(1) XXX Period subtotals, and overall monthly totals, The Scheduled Amounts for each of TXX Period during the items set forth in Section 4.03(a)(i) above.month for which the payment is being made;
(2) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT Famount payable to Seller for the month pursuant to Section 4.02(a);
(3) A calculation of any payment adjustments pursuant to Sections 4.02Section 4.02(b); and
(4) A calculation of the net dollar amount due Seller for the monthSeller.
(iiiii) Send to Seller, via wire transfer, SCE’s payment check to Seller made out in of said net amount, plus a Simple Interest Payment calculated using the net dollar amount owed to Seller for Interest Rate and the monthnumber of days that the payment is late.
(b) In the event SCE determines that a calculation of Metered Energy Amounts for any purpose hereunder is incorrect as a result of inaccurate meter reading meters or the correction of data by the CAISO ISO in CAISO’s meter data acquisition and processing systemOMAR, SCE shall promptly recompute the Metered Energy quantity Amounts for the period of the inaccuracy based upon an adjustment of the inaccurate meter readings in accordance with the CAISO ISO Tariff. SCE shall then also promptly recompute any payment, or payment adjustment, affected by the inaccuracy. Any amount due from SCE to Seller, or Seller to SCE, as the case may be, shall be made as an adjustment to the next monthly payment statement that is calculated after SCE’s recomputation using corrected measurements. In the event that the recomputation results in a net amount owed to SCE after offsetting any amounts owing to Seller as shown on the next monthly RAP ID #[Number], [Seller’s Name] payment statement, any such additional amount still owing to SCE shall be shown as an adjustment offset on Seller's ’s next monthly statement until such amount is fully collected by SCEpayment statement. At SCE's ’s discretion, SCE may offset any remaining amount owed SCE in on any subsequent monthly payments payment statement to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of after receipt of such invoice. Adjustment payments for meter inaccuracy shall not bear interest.
(c) SCE reserves the right to deduct apply amounts that would otherwise be due to Seller under this Agreement fromas an offset in payment of:
(i) Any amounts owing and unpaid by Seller to SCE under this Agreement; or
(ii) Any amount owed to SCE by Seller arising out of, or related to, any other SCE agreement, tariff, obligation or liability. Nothing in this Section 4.03 shall limit SCE’s rights under applicable tariffs, other agreements or Applicable Law.
(d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if within forty-forty five (45) days of after receipt of SCE’s payment statement, Seller does not give Notice to SCE of an error, then Seller shall be deemed to have waived any error in SCE’s statement, computation and payment payment, and the statement shall be conclusively deemed correct and complete; ninety provided, however, that if an error is identified by Seller as a result of settlement, audit or other information provided to Seller by the ISO after the expiration of the original forty five (9045) day period, Seller shall have an additional forty five (45) days from the date on which it receives the information from the CAISO ISO in which to give Notice to SCE of the error identified by such settlement, audit or other information. If Seller identifies an error in Seller’s favor and SCE agrees that the identified error occurred, SCE shall reimburse Seller for the amount of the underpayment caused by the error and add apply the underpayment additional payment to the next monthly payment statement that is calculated. If Seller identifies an error in SCE’s favor and SCE agrees that the identified error occurred, Seller shall reimburse SCE for may offset the amount of overpayment caused by the error against amounts otherwise owed to Seller and SCE shall apply the overpayment offset to the next monthly payment statement that is calculated. RAP ID #[Number]Late payments to Seller resulting from SCE’s errors, [or overpayments to Seller by SCE, shall include a Simple Interest Payment calculated using the Interest Rate and the number of days between the date due (or, in the case of overpayments by SCE, commencing five (5) Business Days from the date SCE provides Notice of such overpayments to Seller’s Name] ) and the date paid; provided, however, that changes made because of settlement, audit or other information provided by the ISO and not available to SCE when it rendered its original statement shall not bear interest. In the event that the recomputation results in a net amount still owing to SCE after applying the overpaymentoffsetting any amounts owed to Seller, the next monthly payment statement shall show a net amount owing to SCE. At SCE's ’s discretion, SCE may apply offset this net amount owing owed to SCE in on any subsequent monthly statements payment statement to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of after receipt of such invoice. The Parties shall negotiate in good faith to resolve any disputes regarding claimed errors in a payment statement. Any disputes which the Parties are unable to resolve through negotiation may be submitted for resolution through the dispute resolution procedure mediation and arbitration as provided in ARTICLE Ten. Nothing in this Section 4.03 shall limit SCE’s rights under applicable tariffs, other agreements or Applicable LawArticle Twelve.
Appears in 1 contract
Samples: Renewable Power Purchase and Sale Agreement (GreenHunter Energy, Inc.)
Payment Statement and Payment. (a) SCE shall mail to Seller, no No later than thirty (30) 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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is not a weekend day or holiday during whichBusiness 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) Metered Energy;Seller’s Day-Ahead Forecast; and
3) The final SCE Energy Schedule; and
4) The final SCE Parent Energy ScheduleMetered Amounts.
(ii) A statement showing:
1) XXX Period subtotals, subtotals and overall monthly totals, totals for each of the items set forth in Section 4.03(a)(i) above.);
2) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT FExhibit D;
3) A calculation of any payment adjustments pursuant to Sections Section 4.02; and
4) A calculation of the net dollar amount due Seller for the month.
(iii) SCEBuyer’s payment check to Seller made out Seller, in accordance with Section 9.16, in the net dollar amount owed to Seller for the 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) In the event SCE If Buyer determines that a calculation of Metered Energy 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, SCE Buyer shall promptly recompute the Metered Energy Amounts quantity for the period of the inaccuracy based upon on an adjustment of the such inaccurate meter readings reading in accordance with the CAISO Tariff. SCE Buyer shall then promptly recompute any payment, payment or payment adjustment, adjustment affected by the such inaccuracy. Any amount due from SCE Buyer to Seller, Seller or Seller to SCEBuyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after SCEBuyer’s recomputation using corrected measurements. In the event that If the recomputation results in a net amount owed to SCE Buyer after offsetting any amounts owing to Seller as shown on the next monthly RAP ID #[Number], [Seller’s Name] statement, any such additional amount still owing to SCE Buyer shall be shown as an adjustment on Seller's ’s monthly statement until such amount is fully collected by SCEBuyer. At SCE's Buyer’s sole discretion, SCE Buyer may offset any remaining amount owed SCE 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 SCE Buyer within twenty (20) 20 days of receipt of such invoice.
(c) SCE Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from:
(i) Any from any amounts owing and unpaid by Seller to SCE under Buyer:
(i) Under this Agreement; or
(ii) Any amount owed to SCE by Seller arising Arising out of, of or related to, to any other agreement, tariff, obligation or liabilityliability 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 if, within forty-five (45) 45 days of receipt of SCEBuyer’s payment statement, Seller does not give Notice to SCE Buyer of an error, then Seller shall be deemed to have waived any error in SCEBuyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; ninety (90) 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 SCE Buyer of the error identified by such settlement, audit or other information. If Seller identifies an error in Seller’s favor and SCE Buyer agrees that the identified error occurred, SCE 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 Seller identifies an error in SCEBuyer’s favor and SCE Buyer agrees that the identified error occurred, Seller shall reimburse SCE Buyer for the amount of overpayment caused by the error and SCE Buyer shall apply the overpayment to the next monthly statement that is calculated. RAP ID #[Number], [Seller’s Name] In the event that If the recomputation results in a net amount still owing to SCE Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to SCEBuyer. At SCE's Buyer’s sole discretion, SCE Buyer may apply this net amount owing to SCE Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE Buyer within twenty (20) 20 days of receipt of such invoice. The Parties shall negotiate in good faith 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 Article Ten. Nothing in this Section 4.03 shall limit SCElimits a Party’s rights under applicable tariffs, other agreements or Applicable Law.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Payment Statement and Payment. (a) SCE shall mail to Seller, no No later than thirty (30) 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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is not a weekend day or holiday during whichBusiness 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) Metered Energy;Seller’s Day-Ahead Forecast; and
3) The final SCE Energy Schedule; and
4) The final SCE Parent Energy ScheduleMetered Amounts.
(ii) A statement showing:
1) XXX Period subtotals, subtotals and overall monthly totals, totals for each of the items set forth in Section 4.03(a)(i) above.);
2) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT FExhibit D;
3) A calculation of any payment adjustments pursuant to Sections Section 4.02; and
4) A calculation of the net dollar amount due Seller for the month.
(iii) SCEBuyer’s payment check to Seller made out Seller, in accordance with Section 9.16, in the net dollar amount owed to Seller for the 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) In the event SCE If Buyer determines that a calculation of Metered Energy 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, SCE Buyer shall promptly recompute the Metered Energy Amounts quantity for the period of the inaccuracy based upon on an adjustment of the such inaccurate meter readings reading in accordance with the CAISO Tariff. SCE Buyer shall then promptly recompute any payment, payment or payment adjustment, adjustment affected by the such inaccuracy. Any amount due from SCE Buyer to Seller, Seller or Seller to SCEBuyer, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after SCEXxxxx’s recomputation using corrected measurements. In the event that If the recomputation results in a net amount owed to SCE Buyer after offsetting any amounts owing to Seller as shown on the next monthly RAP ID #[Number], [Seller’s Name] statement, any such additional amount still owing to SCE Buyer shall be shown as an adjustment on Seller's ’s monthly statement until such amount is fully collected by SCEBuyer. At SCE's Buyer’s sole discretion, SCE Buyer may offset any remaining amount owed SCE 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 SCE Buyer within twenty (20) 20 days of receipt of such invoice.
(c) SCE Buyer reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from:
(i) Any from any amounts owing and unpaid by Seller to SCE under Buyer:
(i) Under this Agreement; or
(ii) Any amount owed to SCE by Seller arising Arising out of, of or related to, to any other agreement, tariff, obligation or liabilityliability 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 if, within forty-five (45) 45 days of receipt of SCEBuyer’s payment statement, Seller does not give Notice to SCE Buyer of an error, then Seller shall be deemed to have waived any error in SCEBuyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; ninety (90) 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 SCE Buyer of the error identified by such settlement, audit or other information. If Seller Xxxxxx identifies an error in Seller’s favor and SCE Xxxxx agrees that the identified error occurred, SCE 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 Seller Xxxxxx identifies an error in SCEXxxxx’s favor and SCE Xxxxx agrees that the identified error occurred, Seller Xxxxxx shall reimburse SCE Buyer for the amount of overpayment caused by the error and SCE Buyer shall apply the overpayment to the next monthly statement that is calculated. RAP ID #[Number], [Seller’s Name] In the event that If the recomputation results in a net amount still owing to SCE Buyer after applying the overpayment, the next monthly statement shall show a net amount owing to SCEBuyer. At SCE's Buyer’s sole discretion, SCE Buyer may apply this net amount owing to SCE Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE Buyer within twenty (20) 20 days of receipt of such invoice. The Parties shall negotiate in good faith 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 Article Ten. Nothing in this Section 4.03 shall limit SCElimits a Party’s rights under applicable tariffs, other agreements or Applicable Law.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Payment Statement and Payment. (a) SCE 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 the Term, Seller shall mail provide to SellerBuyer (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, no 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 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 than thirty of the twenty-fifth (3025th) day of each month and fifteen (15) days after the end of each calendar month (or the last day receipt of the month if invoice. If either the month in which invoice date or payment date is not a Business Day, then such invoice or payment shall be provided on the payment statement is being sent is Februarynext 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 the last Business Day of the RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is a weekend day or holiday during which:e-mail as specified in Exhibit C.
(i) A table showing the hourly electric energy quantities for each of the following, in MWh per hour:
1) Seller’s Energy Forecast;
2) Metered Energy;
3) The final SCE Energy Schedule; and
4) The final SCE 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) above.
2) A calculation of the Monthly Contract Payment, as set forth in EXHIBIT F;
3) A calculation of any payment adjustments pursuant to Sections 4.02; and
4) A calculation of the net dollar amount due Seller for the month.
(iii) SCE’s payment check to Seller made out in the net dollar amount owed to Seller for the month.
(b) In the event SCE determines that a calculation an invoice or portion thereof or any other claim or adjustment arising hereunder, is disputed, payment of Metered Energy the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall be paid into escrow as mutually agreed upon by the Parties or held by Seller until the dispute is incorrect resolved. In the event adjustments to payments are required as a result of inaccurate meter reading or the correction of data by the CAISO in CAISO’s meter data acquisition and processing systemmeter(s), SCE Buyer shall promptly use corrected measurements to recompute the Metered Energy quantity for amount due from Buyer to Seller during the period of inaccuracy. The Parties agree to use good faith efforts to resolve the inaccuracy based upon an dispute or identify the adjustment as soon as possible. Upon resolution of the inaccurate meter readings dispute or calculation of the adjustment, any required payment shall be made 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 CAISO Tariff. SCE shall then promptly recompute invoice is rendered by Seller and received by Buyer or any payment, or payment adjustment, affected by the inaccuracy. Any amount due from SCE to Seller, or Seller to SCE, as the case may be, shall be made as an specific adjustment to the next monthly statement that invoice is calculated made. If an invoice is not rendered by Seller and received by Buyer within twelve (12) months after SCE’s recomputation using corrected measurements. In the event that close of the recomputation results in a net amount owed to SCE after offsetting any amounts owing to Seller as shown on the next monthly RAP ID #[Number]month during which performance under this Agreement occurred, [Seller’s Name] statement, any such additional amount still owing to SCE shall be shown as an adjustment on Seller's monthly statement until such amount is fully collected by SCE. At SCE's discretion, SCE may offset any remaining amount owed SCE in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of receipt of such invoice.
(c) SCE reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from:
(i) Any amounts owing and unpaid by Seller to SCE under this Agreement; or
(ii) Any amount owed to SCE by Seller arising out of, or related to, any other agreement, tariff, obligation or liability.
(d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if within forty-five (45) days of receipt of SCE’s payment statement, Seller does not give Notice to SCE of an error, then Seller shall be deemed to have waived any error in SCE’s statement, computation and payment and the statement shall be conclusively deemed correct and complete; ninety (90) days from the date on which it receives the information from the CAISO in which to give Notice to SCE of the error identified by such settlement, audit or other information. If Seller identifies an error in Seller’s favor and SCE agrees that the identified error occurred, SCE 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 Seller identifies an error in SCE’s favor and SCE agrees that the identified error occurred, Seller shall reimburse SCE for the amount of overpayment caused by the error and SCE shall apply the overpayment to the next monthly statement that is calculated. RAP ID #[Number], [Seller’s Name] In the event that the recomputation results in a net amount still owing to SCE after applying the overpayment, the next monthly statement shall show a net amount owing to SCE. At SCE's discretion, SCE may apply this net amount owing to SCE in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to SCE within twenty (20) days of receipt of such invoice. The Parties shall negotiate in good faith 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 shall limit SCE’s rights under applicable tariffs, other agreements or Applicable Lawperformance is waived.
Appears in 1 contract
Samples: Renewable Power Purchase and Sale Agreement (Raser Technologies Inc)