Common use of Payment Terms; Disputed Charges Clause in Contracts

Payment Terms; Disputed Charges. (a) No later than 30 days after the end of each calendar month, Owner shall prepare and deliver to Shipper a reasonably detailed invoice setting forth (i) the total volume of Shipper Coal received at the Receipt Point during such calendar month, (ii) the aggregate Terminal Fee for Shipper Coal received a the Receipt Point during such calendar month, (iii) any Additional Storage Fees incurred during such month, (iv) any Coal Re-Handling Fees incurred during such month and (v) any Vessel Fees incurred during such month. (b) Owner shall provide to Shipper such documentation as Shipper may reasonably request to support each such invoice. (c) Each invoice delivered by Owner pursuant to this Agreement shall be due and payable no later than 30 days after the receipt of the invoice. All payments shall be made by wire transfer of immediately available funds, to the account (or accounts) designated by Owner, from time to time, no later than 1:00 p.m. (Pittsburgh, Pennsylvania time) on the due date. (d) In addition to Shipper’s right under Section 4.4, if Shipper disputes in good faith all or any portion of an invoice delivered by Owner pursuant to this Agreement, Shipper may deliver written notice of such dispute to Owner within 40 days of receipt of such invoice, setting forth in reasonable detail the reasons for such dispute. Notwithstanding the delivery of any such written notice of dispute, Shipper shall pay to Owner the full amount of such invoice (including any disputed portions of such invoice) in accordance with the terms of this Agreement. If it is determined by the Parties or otherwise that any amount paid by Shipper to Owner was improperly paid, then subject to Section 4.3(e), Owner shall promptly reimburse Shipper the amount of such improper payment. (e) If (i) Shipper fails to pay any amount when due or (ii) (A) Owner disputes an invoice hereunder, (B) pays the full amount of such invoice and (C) it is determined by the Parties or otherwise that Owner must reimburse Shipper any portion of the amount of such invoice, then such amount shall bear interest from the due date (or the date the disputed amount was paid by Shipper in case of a reimbursement owed by Owner to Shipper ) to the date such amount is paid by Shipper (or Owner, if applicable) at the Agreed Rate.

Payment Terms; Disputed Charges. (a) No later than 30 days after the end of each calendar month, Owner CPCC shall prepare and deliver to Shipper a reasonably detailed CTH during such calendar month an invoice setting forth for (i) the total volume of Shipper Coal received at the Receipt Point Personnel Costs incurred by CPCC during such preceding calendar monthmonth with respect to Operational Services provided by CPCC, (ii) the aggregate Terminal Fee for Shipper Coal received a the Receipt Point Third Party Costs incurred by CPCC during such preceding calendar month, month with respect to Operational Services provided by CPCC and (iii) the Agreed Rental Fees for any Additional Storage Fees incurred CPCC Assets utilized by CPCC in performing the Operational Services during such month, (iv) any Coal Re-Handling Fees incurred during such month and (v) any Vessel Fees incurred during such preceding calendar month. (b) Owner CPCC shall provide to Shipper CTH such documentation as Shipper CTH may reasonably request to support each such invoice. (c) Each CTH shall pay CPCC (i) for all Personnel Costs set forth on an invoice delivered by Owner pursuant to this Agreement shall be due immediately upon receipt of such invoice and payable no later than (ii) for all Third Party Costs and Agreed Rental Fees set forth on an invoice within 30 days after the of receipt of the such invoice. All payments shall be made by wire transfer of immediately available funds, to the account (or accounts) designated by Ownerthe Person entitled to receipt of such payment, from time to time, no later than 1:00 p.m. (Pittsburgh, Pennsylvania time) on the due date. (d) In addition to ShipperCTH’s right under Section 4.43.6, if Shipper CTH disputes in good faith all or any portion of an invoice delivered by Owner CPCC pursuant to this Agreement, Shipper CTH may deliver written notice of such dispute to Owner CPCC within 40 days of receipt of such invoice, setting forth in reasonable detail the reasons for such dispute. Notwithstanding the delivery of any such written notice of dispute, Shipper CTH shall pay to Owner CPCC the full amount of such invoice (including any disputed portions of such invoice) in accordance with the terms of this Agreement. If it is determined by the Parties or otherwise that any amount paid by Shipper CTH to Owner CPCC was improperly paid, then subject to Section 4.3(e3.2(e), Owner CPCC shall promptly reimburse Shipper CTH the amount of such improper payment. (e) If (i) Shipper CTH fails to pay any amount when due or (ii) (A) Owner CTH disputes an invoice hereunder, (B) pays the full amount of such invoice and (C) it is determined by the Parties or otherwise that Owner CPCC must reimburse Shipper CTH any portion of the amount of such invoice, then such amount shall bear interest from the due date (or the date the disputed amount was paid by Shipper CTH in case of a reimbursement owed by Owner CPCC to Shipper CTH) to the date such amount is paid by Shipper CTH (or OwnerCPCC, if applicable) at the Agreed Rate.

Payment Terms; Disputed Charges. (a) No later than 30 days after the end of each calendar month, Owner CONSOL shall prepare and deliver to Shipper a reasonably detailed CTH, an invoice setting forth (i) for the total volume of Shipper Coal received at Supply Fee, the Receipt Point Treatment Fee and, if applicable, the Shortfall Fee, in each case, incurred during such calendar monthmonth (or, (ii) in the aggregate Terminal Fee for Shipper Coal received a case of the Receipt Point during such calendar monthShortfall Fee, (iii) any Additional Storage Fees incurred during such month, (iv) any Coal Re-Handling Fees incurred during such month and (v) any Vessel Fees incurred during such monththe applicable quarter). (b) Owner CONSOL shall provide to Shipper CTH such documentation as Shipper CTH may reasonably request to support each such invoice. (c) Each invoice delivered by Owner CONSOL pursuant to this Agreement shall be due and payable no later than 30 days after the receipt of the invoice. All payments shall be made by wire transfer of immediately available funds, to the account (or accounts) designated by OwnerCONSOL, from time to time, no later than 1:00 p.m. (Pittsburgh, Pennsylvania time) on the due date. (d) In addition to ShipperCTH’s right under Section 4.42.8, if Shipper CTH disputes in good faith all or any portion of an invoice delivered by Owner CONSOL pursuant to this Agreement, Shipper CTH may deliver written notice of such dispute to Owner CONSOL within 40 days of receipt of such invoice, setting forth in reasonable detail the reasons for such dispute. Notwithstanding the delivery of any such written notice of dispute, Shipper CTH shall pay to Owner CONSOL the full amount of such invoice (including any disputed portions of such invoice) in accordance with the terms of this Agreement. If it is determined by the Parties or otherwise that any amount paid by Shipper CTH to Owner CONSOL was improperly paid, then subject to Section 4.3(e2.7(e), Owner CONSOL shall promptly reimburse Shipper CTH the amount of such improper payment. (e) If (i) Shipper CTH fails to pay any amount when due or (ii) (A) Owner CTH disputes an invoice hereunder, (B) pays the full amount of such invoice and (C) it is determined by the Parties or otherwise that Owner CONSOL must reimburse Shipper CTH any portion of the amount of such invoice, then such amount shall bear interest from the due date (or the date the disputed amount was paid by Shipper CTH in case of a reimbursement owed by Owner CONSOL to Shipper CTH ) to the date such amount is paid by Shipper CTH (or OwnerCONSOL, if applicable) at the Agreed Rate. (f) The Parties acknowledge and agree that CONSOL has or may enter into Water Sales Agreements and that, in exchange for the access rights provided under Section 2.5 with respect to such Water Sales Agreements, CTH shall receive a credit against all amounts and fees due and payable by CTH under this Agreement in an amount equal to the Water Sales Credit. CONSOL shall track, and each invoice submitted by CONSOL under this Agreement shall reflect, all Water Sales Credits to which CTH is entitled. If, for any given month, the amount of any Water Sales Credits owed by CONSOL to CTH exceed the amount of fees and expenses owed by CTH under this Agreement during such month, the excess Water Sales Credits shall be applied to the following month(s). Any credits owed to CTH under this Section 2.7 shall not expire until termination of this Agreement, at which time any accumulated credits shall expire without any additional compensation owed by CONSOL to CTH.

Payment Terms; Disputed Charges. (a) No later than 30 days after the end of each calendar month, Owner Operator shall prepare and deliver to Shipper a reasonably detailed each member of the Partnership Group during such calendar month an invoice setting forth for (i) the total volume of Shipper Coal received at the Receipt Point Personnel Costs incurred by Operator during such calendar monthmonth with respect to Services provided by Operator for such member of the Partnership Group, (ii) the aggregate Terminal Fee Third Party Costs that Operator estimates in good faith will be incurred by Operator (or its Affiliates) during the immediately succeeding calendar month with respect to Services provided by Operator for Shipper Coal received a such member of the Receipt Point during such calendar monthPartnership Group, and (iii) the amount of any Additional Storage Fees incurred during such month, (iv) any Coal Re-Handling Fees incurred during such credit to be applied for the immediately succeeding calendar month and (v) any Vessel Fees incurred during such monthpursuant to Section 3.2(b). (b) Owner If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month exceed the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly deliver to the applicable member of the Partnership Group an invoice for such difference. If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month are less than the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly notify the applicable member of the Partnership Group and such member of the Partnership Group shall be entitled to a credit in the amount of such difference, which credit shall be applied to the monthly invoice delivered by Operator pursuant to Section 3.2(a) for the immediately succeeding calendar month. (c) Operator shall provide to Shipper the Partnership Group such documentation as Shipper the Partnership Group may reasonably request to support each such invoice. (cd) Each invoice delivered by Owner Operator pursuant to this Agreement shall be due and payable no later than 30 15 days after the receipt of the invoice. All payments shall be made by wire transfer of immediately available funds, to the account (or accounts) designated by Ownerthe Person entitled to receipt of such payment, from time to time, no later than 1:00 p.m. (Pittsburgh, Pennsylvania time) on the due date. (de) In addition to Shipper’s right under Section 4.4, if Shipper If a member of the Partnership Group disputes in good faith all or any portion of an invoice delivered by Owner Operator pursuant to this Agreement, Shipper such member of the Partnership Group may deliver written notice of such dispute to Owner Operator within 40 30 days of receipt of such invoice, setting forth in reasonable detail the reasons for such dispute. Notwithstanding the delivery of any such written notice of dispute, Shipper such member of the Partnership Group shall pay to Owner Operator the full amount of such invoice (including any disputed portions of such invoice) in accordance with the terms of this Agreement. If it is determined by the Parties or otherwise that any amount paid by Shipper such member of the Partnership Group to Owner Operator was improperly paid, then subject to Section 4.3(e3.2(f), Owner Operator shall promptly reimburse Shipper such member of the Partnership Group the amount of such improper payment. (ef) If (i) Shipper a member of the Partnership Group fails to pay any amount when due or (ii) (A) Owner a member of the Partnership Group disputes an invoice hereunder, (B) pays the full amount of such invoice and (C) it is determined by the Parties or otherwise that Owner Operator must reimburse Shipper such member of the Partnership Group any portion of the amount of such invoiceinvoice (other than with respect to any reimbursement pursuant to Section 3.2(b)), then such amount shall bear interest from the due date (or the date the disputed amount was paid by Shipper such member of the Partnership Group in case of a reimbursement owed by Owner Operator to Shipper such member of the Partnership Group) to the date such amount is paid by Shipper such member of the Partnership Group (or OwnerOperator, if applicable) at the Agreed Rate.

Payment Terms; Disputed Charges. (a) No later than 30 days after the end of each calendar month, Owner Operator shall prepare and deliver to Shipper a reasonably detailed each member of the Partnership Group during such calendar month an invoice setting forth for (i) the total volume of Shipper Coal received at the Receipt Point Personnel Costs incurred by Operator during such calendar monthmonth with respect to Services provided by Operator for such member of the Partnership Group, (ii) the aggregate Terminal Fee Third Party Costs that Operator estimates in good faith will be incurred by Operator (or its Affiliates) during the immediately succeeding calendar month with respect to Services provided by Operator for Shipper Coal received a such member of the Receipt Point during such calendar monthPartnership Group, and (iii) the amount of any Additional Storage Fees incurred during such month, (iv) any Coal Re-Handling Fees incurred during such credit to be applied for the immediately succeeding calendar month and (v) any Vessel Fees incurred during such monthpursuant to Section 3.2(b). (b) Owner If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month exceed the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly deliver to the applicable member of the Partnership Group an invoice for such difference. If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month are less than the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly notify the applicable member of the Partnership Group and such member of the Partnership Group shall be entitled to a credit in the amount of such difference, which credit shall be applied to the monthly invoice delivered by Operator pursuant to Section 3.2(a) for the immediately succeeding calendar month. (c) Operator shall provide to Shipper the Partnership Group such documentation as Shipper the Partnership Group may reasonably request to support each such invoice. (cd) Each invoice delivered by Owner Operator pursuant to this Agreement shall be due and payable no later than 30 15 days after the receipt of the invoice. All payments shall be made by wire transfer of immediately available funds, to the account (or accounts) designated by Ownerthe Person entitled to receipt of such payment, from time to time, no later than 1:00 p.m. (Pittsburgh, Pennsylvania time) on the due date. (de) In addition to Shipper’s right under Section 4.4, if Shipper If a member of the Partnership Group disputes in good faith all or any portion of an invoice delivered by Owner Operator pursuant to this Agreement, Shipper such member of the Partnership Group may deliver written notice of such dispute to Owner Operator within 40 30 days of receipt of such invoice, setting forth in reasonable detail the reasons for such dispute. Notwithstanding the delivery of any such written notice of dispute, Shipper such member of the Partnership Group shall pay to Owner Operator the full amount of such invoice (including any disputed portions of such invoice) in accordance with the terms of this Agreement. If it is determined by the Parties or otherwise that any amount paid by Shipper such member of the Partnership Group to Owner Operator was improperly paid, then subject to Section 4.3(e3.2(f), Owner Operator shall promptly reimburse Shipper such member of the Partnership Group the amount of such improper payment. (ef) If (i) Shipper a member of the Partnership Group fails to pay any amount when due or (ii) (A) Owner a member of the Partnership Group disputes an invoice hereunder, (B) pays the full amount of such invoice and (C) it is determined by the Parties or otherwise that Owner Operator must reimburse Shipper such member of the Partnership Group any portion of the amount of such invoiceinvoice (other than with respect to any reimbursement pursuant to Section 3.2 (b)), then such amount shall bear interest from the due date (or the date the disputed amount was paid by Shipper such member of the Partnership Group in case of a reimbursement owed by Owner Operator to Shipper such member of the Partnership Group) to the date such amount is paid by Shipper such member of the Partnership Group (or OwnerOperator, if applicable) at the Agreed Rate.

Payment Terms; Disputed Charges. (a) No later than 30 days after the end of each calendar month, Owner Operator shall prepare and deliver to Shipper a reasonably detailed each member of the Partnership Group during such calendar month an invoice setting forth for (i) the total volume of Shipper Coal received at the Receipt Point Personnel Costs incurred by Operator during such calendar monthmonth with respect to Services provided by Operator for such member of the Partnership Group, (ii) the aggregate Terminal Fee Third Party Costs that Operator estimates in good faith will be incurred by Operator (or its Affiliates) during the immediately succeeding calendar month with respect to Services provided by Operator for Shipper Coal received a such member of the Receipt Point during such calendar monthPartnership Group, and (iii) the amount of any Additional Storage Fees incurred during such month, (iv) any Coal Re-Handling Fees incurred during such credit to be applied for the immediately succeeding calendar month and (v) any Vessel Fees incurred during such monthpursuant to Section 3.2(b). (b) Owner If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month exceed the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly deliver to the applicable member of the Partnership Group an invoice for such difference. If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month are less than the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly notify the applicable member of the Partnership Group and such member of the Partnership Group shall be entitled to a credit in the amount of such difference, which credit shall be applied to the monthly invoice delivered by Operator pursuant to Section 3.2(a) for the immediately succeeding calendar month. (c) Operator shall provide to Shipper the Partnership Group such documentation as Shipper the Partnership Group may reasonably request to support each such invoice. (cd) Each invoice delivered by Owner Operator pursuant to this Agreement shall be due and payable no later than 30 15 days after the receipt of the invoice. All payments shall be made by wire transfer of immediately available funds, to the account (or accounts) designated by Ownerthe Person entitled to receipt of such payment, from time to time, no later than 1:00 p.m. (Pittsburgh, Pennsylvania time) on the due date. (de) In addition to Shipper’s right under Section 4.4, if Shipper If a member of the Partnership Group disputes in good faith all or any portion of an invoice delivered by Owner Operator pursuant to this Agreement, Shipper such member of the Partnership Group may deliver written notice of such dispute to Owner Operator within 40 30 days of receipt of such invoice, setting forth in reasonable detail the reasons for such dispute. Notwithstanding the delivery of any such written notice of dispute, Shipper such member of the Partnership Group shall pay to Owner Operator the full amount of such invoice (including any disputed portions of such invoice) in accordance with the terms of this Agreement. If it is determined by the Parties or otherwise that any amount paid by Shipper such member of the Partnership Group to Owner Operator was improperly paid, then subject to Section 4.3(e3.2(f), Owner Operator shall promptly reimburse Shipper such member of the Partnership Group the amount of such improper payment. (ef) If (i) Shipper a member of the Partnership Group fails to pay any amount when due or (ii) (A) Owner a member of the Partnership Group disputes an invoice hereunder, (B) pays the full amount of such invoice and (C) it is determined by the Parties or otherwise that Owner Operator must reimburse Shipper such member of the Partnership Group any portion of the amount of such invoiceinvoice (other than with respect to any reimbursement pursuant to Section 3.2 (b)), then such amount shall bear interest from the due date (or the date the disputed amount was paid by Shipper such member of the Partnership Group in case of a reimbursement owed by Owner Operator to Shipper such member of the Partnership Group) to the date such amount is paid by Shipper such member of the Partnership Group (or OwnerOperator, if applicable) at the Agreed Rate.

Payment Terms; Disputed Charges. (a) No later than 30 days after the end of each calendar month, Owner Operator shall prepare and deliver to Shipper a reasonably detailed each member of the Partnership Group during such calendar month an invoice setting forth for (i) the total volume of Shipper Coal received at the Receipt Point Personnel Costs incurred by Operator during such calendar monthmonth with respect to Services provided by Operator for such member of the Partnership Group, (ii) the aggregate Terminal Fee Third Party Costs that Operator estimates in good faith will be incurred by Operator (or its Affiliates) during the immediately succeeding calendar month with respect to Services provided by Operator for Shipper Coal received a such member of the Receipt Point during such calendar monthPartnership Group, and (iii) the amount of any Additional Storage Fees incurred during such month, (iv) any Coal Re-Handling Fees incurred during such credit to be applied for the immediately succeeding calendar month and (v) any Vessel Fees incurred during such monthpursuant to Section 3.2(b). (b) Owner If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month exceed the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly deliver to the applicable member of the Partnership Group an invoice for such difference. If the actual Third Party Costs incurred by Operator (and its Affiliates) during any calendar month are less than the estimated amount of Third Party Costs paid to Operator for such calendar month pursuant to the applicable invoice delivered pursuant to Section 3.2(a), Operator shall promptly notify the applicable member of the Partnership Group and such member of the Partnership Group shall be entitled to a credit in the amount of such difference, which credit shall be applied to the monthly invoice delivered by Operator pursuant to Section 3.2(a) for the immediately succeeding calendar month. (c) Operator shall provide to Shipper the Partnership Group such documentation as Shipper the Partnership Group may reasonably request to support each such invoice. (cd) Each invoice delivered by Owner Operator pursuant to this Agreement shall be due and payable no later than 30 15 days after the receipt of the invoice. All payments shall be made by wire transfer of immediately available funds, to the account (or accounts) designated by Ownerthe Person entitled to receipt of such payment, from time to time, no later than 1:00 p.m. (Pittsburgh, Pennsylvania time) on the due date. (de) In addition to Shipper’s right under Section 4.4, if Shipper If a member of the Partnership Group disputes in good faith all or any portion of an invoice delivered by Owner Operator pursuant to this Agreement, Shipper such member of the Partnership Group may deliver written notice of such dispute to Owner Operator within 40 30 days of receipt of such invoice, setting forth in reasonable detail the reasons for such dispute. Notwithstanding the delivery of any such written notice of dispute, Shipper such member of the Partnership Group shall pay to Owner Operator the full amount of such invoice (including any disputed portions of such invoice) in accordance with the terms of this Agreement. If it is determined by the Parties or otherwise that any amount paid by Shipper such member of the Partnership Group to Owner Operator was improperly paid, then subject to Section 4.3(e3.2(f), Owner Operator shall promptly reimburse Shipper such member of the Partnership Group the amount of such improper payment. (ef) If (i) Shipper a member of the Partnership Group fails to pay any amount when due or (ii) (A) Owner a member of the Partnership Group disputes an invoice hereunder, (B) pays the full amount of such invoice and (C) it is determined by the Parties or otherwise that Owner Operator must reimburse Shipper such member of the Partnership Group any portion of the amount of such invoiceinvoice (other than with respect to any reimbursement pursuant to Section 3.2(b)), then such amount shall bear interest from the due date (or the date the disputed amount was paid by Shipper such member of the Partnership Group in case of a reimbursement owed by Owner Operator to Shipper such member of the Partnership Group) to the date such amount is paid by Shipper such member of the Partnership Group (or OwnerOperator, if applicable) at the Agreed Rate.