Payor’s Right to Review and Audit. At any time and from time to time and during and until the expiration of six (6) Years after the delivery of an invoice, Payor may, upon reasonable notice, audit (or cause to be audited) Payee’s books and records in connection with any invoice to question or contest the correctness of such invoice and the calculation of such payments and reimbursements. If Payor, as a result of its audit, concludes that any invoice or calculation is incorrect, it shall notify Payee and will meet with Payee to discuss Xxxxx’s conclusions. If Xxxxx and Payor agree that an adjustment of an invoice should be made, then Payee shall issue a corrected invoice in the agreed upon amount. If the Payee and Payor cannot agree and Payee, in good faith disputes Payor’s calculations, then Payee or Payor may submit the matter for dispute resolution pursuant to Article 16. In addition, either Party may correct calculations at any time NYISO adjusts prior data calculations upon which any settlement has been based. If payment already has been made by either Party pursuant to the invoice and a Party thereafter questions or contests the correctness of such previously reconciled invoice, neither Party shall be required to refund any payment received pursuant to the contested invoice nor make any additional payment thereto until such time as the contested invoice is determined by a final, non-appealable judgment to have been in error.
Payor’s Right to Review and Audit. At any time and from time to time and during and until the expiration of six (6) Years after the delivery of an invoice, Payor may, upon reasonable notice, audit (or cause to be audited) Payee’s books and records in connection with any invoice to question or contest the correctness of such invoice and the calculation of such payments and reimbursements. If Payor, as a result of its audit, concludes that any invoice or calculation is incorrect, it shall notify Payee and will meet with Payee to discuss Payor’s conclusions. If Payee and Payor agree that an adjustment of an invoice should be made, then Payee shall issue a corrected invoice in the agreed upon amount. If the Payee and Payor cannot agree and Payee, in good faith disputes Payor’s calculations, then Payee or Payor may submit the matter for dispute resolution pursuant to Article 16. In addition, either Party may correct calculations at any time NYISO adjusts prior data calculations upon which any settlement has been based. If payment already has been made by either Party pursuant to the invoice and a Party thereafter questions or contests the correctness of such previously reconciled invoice, neither Party shall be required to refund any payment received pursuant to the contested invoice nor make any additional payment thereto until such time as the contested invoice is determined by a final, non-appealable judgment to have been in error. Interest . If either Party does not make a payment required by this Agreement when due, then interest at the Interest Rate shall be added to the due payment from the date such payment was due until such overdue payment (including interest then owed) is paid, including as to any disputed amount that is later determined, in whole or in part, to have been correct. If either Party makes a payment pursuant to an invoice that is later determined to have been incorrect, the refund of such overpayment shall include interest on such overpayment at the Interest Rate for the period from the date such overpayment was made until the date upon which the refund is made. Records . Seller shall abide by the “Records” provision in Supplement 1.
