Common use of Payment Statement and Payment Clause in Contracts

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; and 3) Metered Amounts. (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; and 4) A calculation of the net dollar amount due for the month. (iii) Buyer’s payment to 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) If Buyer determines that a calculation of 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 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. (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 (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 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;; ID #[Number], [Seller’s Name] 2) Seller’s Day-Ahead Forecast; and; 3) Metered AmountsEnergy; 4) The final Buyer Energy Schedule; 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 DC or Exhibit C (1), as determined pursuant to Section 1.05; 3) A calculation of any payment adjustments pursuant to Section 4.02; and 4) A calculation of the net dollar amount due for the month. (iii) Buyer’s payment to Seller, in accordance with Section 9.169.15, 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 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 Paymentdate. (b) If Buyer determines that a calculation of Metered Amounts 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, Buyer shall promptly recompute the Metered Amounts Energy 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:: ID #[Number], [Seller’s Name] (i) Under this Agreement; 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 45 -day 90-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 SCE shall mail to Seller, 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 RAP ID #[Number], [Seller’s Name] month if such 30th day (or 28th or 29th day for February) is not a Business Day, Buyer shall mail to Sellerweekend 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) Seller’s Day-Ahead ForecastMetered Energy; 3) The final SCE Energy Schedule; and 34) Metered AmountsThe final SCE 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 DEXHIBIT F; 3) A calculation of any payment adjustments pursuant to Section Sections 4.02; and 4) A calculation of the net dollar amount due Seller for the month. (iii) BuyerSCE’s payment check to Seller, in accordance with Section 9.16, Seller made out 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) If Buyer In the event SCE determines that a calculation of Metered Amounts 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, Buyer SCE shall promptly recompute the Metered Amounts Energy quantity for the period of the inaccuracy based on upon an adjustment of such the inaccurate meter reading readings in accordance with the CAISO Tariff. Buyer SCE shall then promptly recompute any payment payment, or payment adjustment adjustment, affected by such the inaccuracy. Any amount due from Buyer SCE to Seller Seller, or Seller to BuyerSCE, as the case may be, shall be made as an adjustment to the next monthly statement that is calculated after XxxxxSCE’s recomputation using corrected measurements. If In the event that the recomputation results in a net amount owed to Buyer 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 Buyer SCE shall be shown as an adjustment on Seller’s 's monthly statement until such amount is fully collected by BuyerSCE. At Buyer’s sole SCE's discretion, Buyer SCE may offset any remaining amount owed to Buyer SCE in any subsequent monthly payments to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer SCE within 20 twenty (20) days of receipt of such invoice. (c) Buyer SCE reserves the right to deduct amounts that would otherwise be due to Seller under this Agreement from any from: (i) Any amounts owing and unpaid by Seller to Buyer: (i) Under SCE under this Agreement; or (ii) Arising Any amount owed to SCE by Seller arising out of of, or related to to, any other agreement, tariff, obligation or liability pertaining to the Generating Facilityliability. (d) Except as provided in Section 4.03(b) and as otherwise provided in this Section 4.03(d), if, if within 45 forty-five (45) days of receipt of BuyerSCE’s payment statement, Seller does not give Notice to Buyer SCE of an error, then Seller shall be deemed to have waived any error in BuyerSCE’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 ninety (90) days from the date on which it receives the information from the CAISO in which to give Notice to Buyer SCE of the error identified by such settlement, audit or other information. If Xxxxxx Seller identifies an error in Seller’s favor and Xxxxx SCE agrees that the identified error occurred, Xxxxx 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 Xxxxxx Seller identifies an error in XxxxxSCE’s favor and Xxxxx SCE agrees that the identified error occurred, Xxxxxx Seller shall reimburse Buyer SCE for the amount of overpayment caused by the error and Buyer SCE shall apply the overpayment to the next monthly statement that is calculated. If RAP ID #[Number], [Seller’s Name] In the event that the recomputation results in a net amount still owing to Buyer SCE after applying the overpayment, the next monthly statement shall show a net amount owing to BuyerSCE. At Buyer’s sole SCE's discretion, Buyer SCE may apply this net amount owing to Buyer SCE in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer SCE within 20 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. Nothing in this Section 4.03 limits a Partyshall limit SCE’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 Sellerweekend 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) Seller’s Day-Ahead Forecast; and 3) Metered Amounts. (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)payment is being made; (2) The CAISO Charges incurred; (3) A calculation of the Monthly Contract Payment, as set forth in Exhibit D; 3) A calculation of any payment adjustments amount payable to Seller for the month pursuant to Section 4.02; and (4) A calculation of the net dollar amount due for the monthSeller. (iiiv) Buyer’s payment Send to Seller, in accordance with Section 9.16via wire transfer, in SCE’s payment of said net amount, plus a Simple Interest Payment calculated using the net dollar amount owed to Seller for Interest Rate and the month; provided, however, in number of days that 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 Paymentpayment is late. (b) If Buyer In the event SCE determines that a calculation of Metered Amounts Delivered Amounts, or CAISO Charges 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 systeminaccuracy, Buyer SCE shall promptly recompute the Metered Delivered Amounts quantity or CAISO Charges for the period of the inaccuracy based on upon an adjustment of such inaccurate meter reading readings, correction of data or recalculation of CAISO Charges in accordance with the CAISO Tariff. Buyer SCE shall then also promptly recompute any payment or payment adjustment affected by such the inaccuracy. Any amount due from Buyer SCE to Seller Seller, or Seller to BuyerSCE, as the case may be, shall be made as an adjustment to the next monthly payment statement that is calculated after XxxxxSCE’s recomputation using corrected measurements. If In the event that the recomputation results in a net amount owed to Buyer SCE after offsetting applying any amounts owing to Seller as shown on the next monthly payment statement, any such additional amount still owing to Buyer SCE 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 netted against amounts owed to Buyer Seller in any subsequent monthly payments to Seller or invoiced to Seller, in which case Seller must pay the amount owing to SCE within twenty (20) days after receipt of such invoice. At SCE's discretion, SCE may net any remaining amount owed SCE on any subsequent monthly payment statement to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer SCE within 20 twenty (20) days of after receipt of such invoice. (c) Buyer reserves . SCE 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 any amounts owing and unpaid by Seller to Buyer: (i) Under this Agreement; 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 Parties shall be deemed to have waived any error in Buyer’s statement, computation and such 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 adjustments 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 not communicated in this Section 4.03 limits a Party’s rights under applicable tariffs, other agreements or Applicable Law4.03(b) within twenty-eight (28) months from the end of the Term.

Payment Statement and Payment. (a) No SCE shall, no later than 30 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 month if such 30th day (or 28th or 29th day for February) is not a Business Dayweekend day or holiday, Buyer shall mail to Sellerdo 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) Seller’s Day-Ahead Forecast; and 3) Metered Amounts. (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)payment is being made; (2) A calculation of the Monthly Contract Payment, as set forth in Exhibit Damount payable to Seller for the month pursuant to Section 4.02(a); (3) A calculation of any payment adjustments pursuant to Section 4.024.02(b); and (4) A calculation of the net dollar amount due for the monthSeller. (iiiii) Buyer’s payment Send to Seller, in accordance with Section 9.16via wire transfer, in SCE’s payment of said net amount, plus a Simple Interest Payment calculated using the net dollar amount owed to Seller for Interest Rate and the month; provided, however, in number of days that 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 Paymentpayment is late. (b) If Buyer In the event SCE determines that a calculation of Metered Amounts for any purpose hereunder is incorrect as a result of an inaccurate meter reading meters or the correction of data by the CAISO ISO in the CAISO’s meter-data acquisition and processing systemOMAR, Buyer SCE shall promptly recompute the Metered Amounts quantity for the period of the inaccuracy based on upon an adjustment of such inaccurate meter reading readings in accordance with the CAISO ISO Tariff. Buyer SCE shall then also promptly recompute any payment or payment adjustment affected by such the inaccuracy. Any amount due from Buyer SCE to Seller Seller, or Seller to BuyerSCE, as the case may be, shall be made as an adjustment to the next monthly payment statement that is calculated after XxxxxSCE’s recomputation using corrected measurements. If In the event that the recomputation results in a net amount owed to Buyer SCE after offsetting any amounts owing to Seller as shown on the next monthly payment statement, any such additional amount still owing to Buyer SCE shall be shown as an adjustment offset on Seller’s 's next monthly statement until such amount is fully collected by Buyerpayment statement. At Buyer’s sole SCE's discretion, Buyer SCE may offset any remaining amount owed to Buyer in SCE 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 Buyer SCE within 20 twenty (20) days of after receipt of such invoice. Adjustment payments for meter inaccuracy shall not bear interest. (c) Buyer SCE reserves the right to deduct apply amounts that would otherwise be due to Seller under this Agreement from any as an offset in payment of: (i) Any amounts owing and unpaid by Seller to Buyer: (i) Under SCE under this Agreement; or (ii) Arising Any amount owed to SCE by Seller arising out of of, or related to to, any other SCE agreement, tariff, obligation or liability pertaining to the Generating Facilityliability. 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, if within 45 forty five (45) days of after receipt of BuyerSCE’s payment statement, Seller does not give Notice to Buyer SCE of an error, then Seller shall be deemed to have waived any error in BuyerSCE’s statement, computation and payment 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 ISO after the expiration of the original 45 -day forty five (45) day period, Seller shall have an additional 90 forty five (45) days from the date on which it receives the information from the CAISO ISO in which to give Notice to Buyer SCE of the error identified by such settlement, audit or other information. If Xxxxxx Seller identifies an error in Seller’s favor and Xxxxx SCE agrees that the identified error occurred, Xxxxx 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 Xxxxxx Seller identifies an error in XxxxxSCE’s favor and Xxxxx SCE agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for SCE may offset the amount of overpayment caused by the error against amounts otherwise owed to Seller and Buyer shall apply the overpayment offset to the next monthly payment statement that is calculated. If 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) 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 Buyer SCE after applying the overpaymentoffsetting any amounts owed to Seller, the next monthly payment statement shall show a net amount owing to BuyerSCE. At Buyer’s sole SCE's discretion, Buyer SCE may apply offset this net amount owing owed to Buyer in SCE 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 Buyer SCE within 20 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 limits a Party’s rights under applicable tariffs, other agreements or Applicable LawTwelve.

Payment Statement and Payment. (a) No SCE shall, no later than 30 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 month if such 30th day (or 28th or 29th day for February) is not a Business Dayweekend day or holiday, Buyer shall mail to Sellerdo 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) Seller’s Day-Ahead Forecast; and 3) Metered Amounts. (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)month for which the payment is being made; (2) A calculation of the Monthly Contract Payment, as set forth in Exhibit Damount payable to Seller for the month pursuant to Section 4.02(a); (3) A calculation of any payment adjustments pursuant to Section 4.024.02(b); and (4) A calculation of the net dollar amount due for the monthSeller. (iiiii) Buyer’s payment Send to Seller, in accordance with Section 9.16via wire transfer, in SCE’s payment of said net amount, plus a Simple Interest Payment calculated using the net dollar amount owed to Seller for Interest Rate and the month; provided, however, in number of days that 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 Paymentpayment is late. (b) If Buyer In the event SCE determines that a calculation of Metered Amounts for any purpose hereunder is incorrect as a result of an inaccurate meter reading meters or the correction of data by the CAISO ISO in the CAISO’s meter-data acquisition and processing systemOMAR, Buyer SCE shall promptly recompute the Metered Amounts quantity for the period of the inaccuracy based on upon an adjustment of such inaccurate meter reading readings in accordance with the CAISO ISO Tariff. Buyer SCE shall then also promptly recompute any payment or payment adjustment affected by such the inaccuracy. Any amount due from Buyer SCE to Seller Seller, or Seller to BuyerSCE, as the case may be, shall be made as an adjustment to the next monthly payment statement that is calculated after XxxxxSCE’s recomputation using corrected measurements. If In the event that the recomputation results in a net amount owed to Buyer SCE after offsetting any amounts owing to Seller as shown on the next monthly payment statement, any such additional amount still owing to Buyer SCE shall be shown as an adjustment offset on Seller’s next monthly statement until such amount is fully collected by Buyerpayment statement. At BuyerSCE’s sole discretion, Buyer SCE may offset any remaining amount owed to Buyer in SCE 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 Buyer SCE within 20 twenty (20) days of after receipt of such invoice. Adjustment payments for meter inaccuracy shall not bear interest. (c) Buyer SCE reserves the right to deduct apply amounts that would otherwise be due to Seller under this Agreement from any as an offset in payment of: (i) Any amounts owing and unpaid by Seller to Buyer: (i) Under SCE under this Agreement; or (ii) Arising Any amount owed to SCE by Seller arising out of of, or related to to, any other SCE agreement, tariff, obligation or liability pertaining to the Generating Facilityliability. 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, if within 45 forty five (45) days of after receipt of BuyerSCE’s payment statement, Seller does not give Notice to Buyer SCE of an error, then Seller shall be deemed to have waived any error in BuyerSCE’s statement, computation and payment 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 ISO after the expiration of the original 45 -day forty five (45) day period, Seller shall have an additional 90 forty five (45) days from the date on which it receives the information from the CAISO ISO in which to give Notice to Buyer SCE of the error identified by such settlement, audit or other information. If Xxxxxx Seller identifies an error in Seller’s favor and Xxxxx SCE agrees that the identified error occurred, Xxxxx 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 Xxxxxx Seller identifies an error in XxxxxSCE’s favor and Xxxxx SCE agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for SCE may offset the amount of overpayment caused by the error against amounts otherwise owed to Seller and Buyer shall apply the overpayment offset to the next monthly payment statement that is calculated. If 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) 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 Buyer SCE after applying the overpaymentoffsetting any amounts owed to Seller, the next monthly payment statement shall show a net amount owing to BuyerSCE. At BuyerSCE’s sole discretion, Buyer SCE may apply offset this net amount owing owed to Buyer in SCE 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 Buyer SCE within 20 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 limits a Party’s rights under applicable tariffs, other agreements or Applicable LawTwelve.