Common use of Quarterly Statements of Metered Amounts and Lost Output Clause in Contracts

Quarterly Statements of Metered Amounts and Lost Output. (i) SCE shall prepare and provide to Seller within thirty (30) days after the end of each calendar quarter during each Term Year quarterly statements (each a “Quarterly Statement”) showing the sum of Seller’s Metered Amounts plus Lost Output (calculated in accordance with Exhibit N) for such completed calendar quarter, the pro rata portion of Seller’s Annual Energy Delivery Obligation for such calendar quarter and, for informational and not billing purposes, any estimated Energy Replacement Damage Amount (as calculated in accordance with Exhibit F) that has accrued for such Term Year as of the end of such calendar quarter. SCE’s Quarterly Statement shall be accompanied by a statement of all facts and information relied upon by SCE in formulating its calculation methodologies, including annotated work papers and source data. (ii) Seller shall have forty-five (45) days after receipt of a Quarterly Statement to review the statement and provide Notice to SCE of any dispute Seller has with the reported Metered Amounts, Lost Output, pro rata portion of Seller’s Energy Delivery Obligation or estimate of Energy Replacement Damage Amount for such Quarterly Statement. Seller’s Notice shall include Seller’s calculation of the Metered Amounts, Lost Output, pro rata portion of Seller’s Annual Energy Delivery Obligation or estimated Energy Replacement Damage Amount for the Term Year as of the end of such calendar quarter, and all facts and information relied upon by Seller in formulating its calculation methodologies and claims, including annotated work papers and source data. (iii) Seller shall make a good faith effort to ascertain and include in its Notice any and all disputes that it has with the Quarterly Statement. (iv) The Parties shall negotiate in good faith for a maximum of thirty (30) days to resolve any disputed portion of such Quarterly Statement and shall, as part of such good faith negotiations, promptly provide information or data relevant to the dispute as each Party may possess which is requested by the other Party.

Quarterly Statements of Metered Amounts and Lost Output. (i) SCE shall prepare and provide to Seller within thirty (30) days after the end of each calendar quarter during each Term Year Calculation Period quarterly statements (each a “Quarterly Statement”) showing the sum of Seller’s Metered Amounts plus Lost Output (calculated in accordance with Exhibit N) for such completed calendar quarter, the pro rata portion of Seller’s Annual Energy Delivery Obligation for such calendar quarter and, for informational and not billing purposes, any estimated Energy Replacement Damage Amount (as calculated in accordance with Exhibit F) that has accrued for such Term Year Calculation Period as of the end of such calendar quarter. SCE’s Quarterly Statement shall be accompanied by a statement of all facts and information relied upon by SCE in formulating its calculation methodologies, including annotated work papers and source data. (ii) Seller shall have forty-five (45) days after receipt of a Quarterly Statement to review the statement and provide Notice to SCE of any dispute Seller has with the reported Metered Amounts, Lost Output, pro rata portion of Seller’s Annual Energy Delivery Obligation or estimate of Energy Replacement Damage Amount for such Quarterly Statement. Seller’s Notice shall include Seller’s calculation of the Metered Amounts, Lost Output, pro rata portion of Seller’s Annual Energy Delivery Obligation or estimated Energy Replacement Damage Amount for the Term Year Calculation Period as of the end of such calendar quarter, and all facts and information relied upon by Seller in formulating its calculation methodologies and claims, including annotated work papers and source data. (iii) Seller shall make a good faith effort to ascertain and include in its Notice any and all disputes that it has with the Quarterly Statement. Seller shall not be deemed to have waived any dispute not included in its Notice if such a dispute is based upon information not within Seller’s possession as of the date of such Notice and Seller promptly informs SCE of such dispute upon obtaining the relevant information. (iv) The Parties shall negotiate in good faith for a maximum of thirty (30) days to resolve any disputed portion of such Quarterly Statement and shall, as part of such good faith negotiations, promptly provide information or data relevant to the dispute as that each Party may possess which is requested by the other Party.

Quarterly Statements of Metered Amounts and Lost Output. (i) SCE shall prepare and provide to Seller within thirty (30) days after the end of each calendar quarter during each Term Year Calculation Period quarterly statements (each a “Quarterly Statement”) showing the sum of Seller’s Metered Amounts plus Lost Output (calculated in accordance with Exhibit N) for such completed calendar quarter, the pro rata portion of Seller’s Annual Energy Delivery Obligation for such calendar quarter and, for informational and not billing purposes, any estimated Energy Replacement Damage Amount (as calculated in accordance with Exhibit F) that has accrued for such Term Year Calculation Period as of the end of such calendar quarter. SCE’s Quarterly Statement shall be accompanied by a statement of all facts and information relied upon by SCE in formulating its calculation methodologies, including annotated work papers and source data. (ii) Seller shall have forty-five (45) days after receipt of a Quarterly Statement to review the statement and provide Notice to SCE of any dispute Seller has with the reported Metered Amounts, Lost Output, pro rata portion of Seller’s Energy Delivery Obligation or estimate of Energy Replacement Damage Amount for such Quarterly Statement. Seller’s Notice shall include Seller’s calculation of the Metered Amounts, Lost Output, pro rata portion of Seller’s Annual Energy Delivery Obligation or estimated Energy Replacement Damage Amount for the Term Year Calculation Period as of the end of such calendar quarter, and all facts and information relied upon by Seller in formulating its calculation methodologies and claims, including annotated work papers and source data. (iii) Seller shall make a good faith effort to ascertain and include in its Notice any and all disputes that it Seller has with the Quarterly Statement. (iv) The Parties shall negotiate in good faith for a maximum of thirty (30) days to resolve any disputed portion of such Quarterly Statement and shall, as part of such good faith negotiations, promptly provide information or data relevant to the dispute as each Party may possess which is requested by the other Party.