Common use of Reading Meters Clause in Contracts

Reading Meters. (a) The Seller, at its own cost and expense, shall procure and install electronic data recording systems capable of recording the Net Delivered Energy measured by the Metering System, and shall procure and install such systems for the Back-Up Metering System on a continuous basis with the capacity of storing such recordings for not less than ninety (90) Days. All metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after the date Purchaser connects wirelessly or through a communication circuit to the Facility as provided in Section 7.2. Subject to the provisions of Section 7.1 and verification of the data recording system pursuant to Section 7.3, the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the telemetry system, shall be used to determine the Net Delivered Energy. The electronic data recording system and any telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization and, thereafter, Monthly on the last Business Day of each Month or such other Day as may mutually be agreed upon by the Parties; (ii) the Purchaser shall take such readings during normal business hours unless otherwise mutually agreed by the Parties; (iii) the Purchaser shall provide the Seller at least forty-eight (48) hours notice of the time the Purchaser intends to take such readings, and the Seller shall have the right to witness any such readings; (iv) if a Seller’s representative is present at such readings, then such readings shall be jointly taken and recorded; (v) if a Seller’s representative is not present at such readings, then the Purchaser representative shall take and record such readings) and make a photographic record thereof; (vi) each Party shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser to the Seller within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered Energy, provided that during any period when the Metering System is out of service as a result of maintenance, repairs, or testing, then the best available information, which may include the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, and the provisions of Section 7.4(b) shall apply to the reading of the Back- Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a), the Metering System is found to be inaccurate by more than two-tenths of one percent (0.2%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than two-tenths of one percent (0.2%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths of one percent (0.2%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered data, and such guidelines as may have been agreed upon between the Seller and the Purchaser as part of the Operating Procedures; (iii) if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on any other available evidence, and either Party may refer such Dispute for resolution in accordance with Article 18; and (iv) the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, and the recalculated amount shall, as appropriate, be offset against or added to the next payment due to the Seller, with interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths of one percent (0.2%) and not otherwise functioning improperly.

Reading Meters. (a) The SellerSeller shall, at its own cost and expense, shall procure and install telemetry and electronic data recording systems capable of recording the Net Delivered Energy measured by the Metering System, System and shall procure and install such systems for the Back-Up Metering System on a continuous basis with the capacity and capable of storing such recordings for not less than ninety (90) Days. All metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after telemetered at the date Purchaser connects wirelessly or System Operator’s control centre through a communication circuit to telemetry facilities provisioned by the Facility as provided in Section 7.2Seller at its expense. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the and telemetry system, systems shall be used to determine the Net Delivered Energy. The electronic data recording system and any the telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Back- Up Metering System, respectively, for all purposes under this Agreement, and the electronic data recording system and the telemetry system related to the Metering System shall be conveyed to the Purchaser as a part of the Metering System in accordance with the provisions of this Article VII. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, system the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read on the issuance of the Certificate of Readiness for Synchronization and, thereafter, Energization of the Seller Interconnection Facilities and thereafter Monthly on the last Business Day of each Month or such other Day as may be mutually be agreed upon by the Parties; (ii) the Purchaser shall take such readings reading during normal business hours unless otherwise mutually agreed by the Parties; (iii) the Purchaser shall provide give the Seller at least forty-eight (48) hours notice of the time the Purchaser intends to take such readings, reading and the Seller shall have the right to witness any such readingsreading; (iv) if a Seller’s Seller representative is present at such readingsreading, then such readings reading shall be jointly taken and recorded; (v) if a Seller’s Seller representative is not present at such readingsreading, then the Purchaser representative shall take and record such readings) reading and make a photographic record thereof; (vi) each Party the Purchaser shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser to the Seller within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered Energy, provided provided, that during any period when the Metering System is out of service as a result of maintenance, repairs, repairs or testing, then the best available information, which may include the metering data recorded through the telemetry system or the data recorded at the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, Energy and the provisions of Section 7.4(a) and Section 7.4(b) shall apply to the reading of the Back- Back-Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a7.3(a), the Metering System is found to be inaccurate by more than twoone-tenths half of one percent (0.20.5%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than twoone-tenths half of one percent (0.20.5%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths one-half of one percent (0.20.5%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any the telemetered data, and such guidelines as may have been agreed upon to between the Seller and the Purchaser as part of the Operating Procedures; (iii) if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on reading and any other available evidence, and Dispute shall be referred by either Party may refer such Dispute for resolution in accordance with Article 18XVIII; and (iv) the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, inaccuracy and the recalculated amount shall, as appropriate, shall be offset against or added to the next payment due to the SellerSeller under this Agreement, with as appropriate, plus interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths one-half of one percent (0.20.5%) and not otherwise functioning improperly.

Reading Meters. (a) The SellerPurchaser shall, at its own cost and expense, shall procure and the Seller shall install electronic data recording systems system capable of recording the Net Delivered Energy measured by the Metering System, System on a continuous basis and capable of storing such recordings for a period of not less than ninety (90) Days and the Seller shall procure and install install, at its own cost and expense, such systems system for the Back-Up Metering System as is capable of storing, on a continuous basis with the capacity of storing basis, such recordings for a period of not less than ninety (90) Days. All metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after the date Purchaser connects wirelessly or through a communication circuit to the Facility as provided in Section 7.2. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the telemetry system, systems shall be used to determine the Net Delivered EnergyEnergy of the Complex. The electronic data recording system and any telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement, and the electronic data recording system related to the Metering System shall be conveyed to the Purchaser as a part of the Metering System in accordance with the provisions of this Article VII. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, system the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization and, thereafter, Commercial Operations Date and thereafter Monthly on the last Business Day of each Month or such other Day as may be mutually be agreed upon by the Parties; (ii) the Purchaser Seller shall take such readings reading during normal business hours unless otherwise mutually agreed by the Parties; (iii) the Seller shall give the Purchaser shall provide the Seller at least not less than forty-eight (48) hours notice of the time the Purchaser Seller intends to take such readings, reading and the Seller Purchaser shall have the right to be present at and to witness any such readingsreading; (iv) if a SellerPurchaser’s representative is present at such readingsreading, then such readings reading shall be jointly taken and recorded; (v) if a SellerPurchaser’s representative is not present at such readingsreading, then the Purchaser Seller’s representative shall take and record such readings) reading and make a photographic record thereof; (vi) each Party the Seller shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser Seller to the Seller Purchaser within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered Energy, provided provided, that during any period when the Metering System is out of service as a result of maintenance, repairs, repairs or testing, then the best available information, which may include the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, Energy and the provisions of Section 7.4(a) and Section 7.4(b) shall apply to the reading of the Back- Back-Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a7.3(a), the Metering System is found to be inaccurate by more than twoone-tenths fifth of one percent (0.2%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows:inaccurate (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Back- Up Metering System, as required by either Party, reveals that the Back-Back- Up Metering System is inaccurate by more than twoone-tenths fifth of one percent (0.2%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths one-fifth of one percent (0.2%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered data, information and such guidelines as may have been agreed upon to between the Seller and the Purchaser as part of the Operating ProceduresPurchaser; (iii) if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on reading and any other available evidence, and Dispute shall be referred by either Party may refer such Dispute for resolution in accordance with Article 18Section 18.1 and Section 18.2; and (iv) the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, inaccuracy and the recalculated amount shall, as appropriate, shall be offset against or added to the next payment due to the SellerSeller under this Agreement, with as appropriate, plus interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths one-fifth of one percent (0.2%) and not otherwise functioning improperly.

Reading Meters. (a) The SellerPower Purchaser shall, at its own cost and expense, shall procure and the Company shall install electronic data recording systems system capable of recording the Net Delivered Energy Electrical Output measured by the Metering System, System on a continuous basis and capable of storing such recordings for a period of not less than ninety (90) Days and the Company shall procure and install install, at its own cost and expense, such systems system for the Back-Up Metering System as is capable of storing, on a continuous basis with the capacity of storing basis, such recordings for a period of not less than ninety (90) Days. All metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after the date Purchaser connects wirelessly or through a communication circuit to the Facility as provided in Section 7.2. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the telemetry system, systems shall be used to determine the Net Delivered EnergyElectrical Output of the Complex. The electronic data recording system and any telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement, and the electronic data recording system related to the Metering System shall be conveyed to the Power Purchaser as a part of the Metering System in accordance with the provisions of this Article VII. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, system the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization and, thereafter, Commercial Operations Date and thereafter Monthly on the last Business Day of each Month or such other Day as may be mutually be agreed upon by the Parties; (ii) the Purchaser Company shall take such readings reading during normal business hours unless otherwise mutually agreed by the Parties; (iii) the Company shall give the Power Purchaser shall provide the Seller at least not less than forty-eight (48) hours notice of the time the Purchaser intends to take such readings, and the Seller shall have the right to witness any such readings; (iv) if a Seller’s representative is present at such readings, then such readings shall be jointly taken and recorded; (v) if a Seller’s representative is not present at such readings, then the Purchaser representative shall take and record such readings) and make a photographic record thereof; (vi) each Party shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser to the Seller within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered Energy, provided that during any period when the Metering System is out of service as a result of maintenance, repairs, or testing, then the best available information, which may include the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, and the provisions of Section 7.4(b) shall apply to the reading of the Back- Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a), the Metering System is found to be inaccurate by more than two-tenths of one percent (0.2%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than two-tenths of one percent (0.2%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths of one percent (0.2%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered data, and such guidelines as may have been agreed upon between the Seller and the Purchaser as part of the Operating Procedures; (iii) if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on any other available evidence, and either Party may refer such Dispute for resolution in accordance with Article 18; and (iv) the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, and the recalculated amount shall, as appropriate, be offset against or added to the next payment due to the Seller, with interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths of one percent (0.2%) and not otherwise functioning improperly.eight

Reading Meters. ‌ (a) The SellerPurchaser shall, at its own cost and expense, shall procure telemetry and install electronic data recording systems capable of recording the Delivered Net Delivered Energy measured by the Metering System, which the Seller shall install; and the Seller shall procure and install such corresponding systems for the Back-Up Metering System System, which the Seller shall maintain on a continuous continuing basis with the capacity of storing such recordings for not less than ninety (90) Days. All Where compatible telemetery system is installed by the Seller (if required) all metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after telemetered at the date Purchaser connects wirelessly or through a communication circuit to the Facility as provided in Section 7.2System Operator’s Control Centre . Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the and telemetry system, systems shall be used to determine the Delivered Net Delivered Energy. The electronic data recording system and any the telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement; and the electronic data recording system and telemetry system related to the Metering System shall be conveyed to the Purchaser as part of the Metering System, in accordance with the provisions of this Article VII. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization of the Seller Interconnection Facilities and, thereafter, Monthly on the last Business Day of each Month or such other Day as may mutually be agreed upon by the Parties; (ii) the Purchaser shall take such readings during normal business hours hours, unless otherwise mutually agreed by the Parties; (iii) the Purchaser shall provide give the Seller at least forty-eight (48) hours notice of the time the Purchaser intends to take such readingsreading, and the Seller shall have the right to witness any such readingsreading; (iv) if a Seller’s Seller representative is present at such readingsreading, then such readings reading shall be jointly taken and recorded; (v) if a Seller’s Seller representative is not present at such readingsreading, then the Purchaser representative shall take and record such readings) reading and make a photographic record thereof; (vi) each Party the Purchaser shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements measurements, shall be delivered by the Purchaser to the Seller within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Delivered Net Delivered Energy, provided that providedthat during any period when the Metering System is out of service as a result of maintenance, repairs, repairs or testing, then the best available information, which may include the metering data recorded through the telemetry system or the data recorded at the electronic data recording system of the Back-Up Metering System, shall be used to measure the Delivered Net Delivered Energy, Energy and the provisions of Section 7.4(a) and Section 7.4(b) shall apply to the reading of the Back- Back-Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a7.3(a), the Metering System is found to be inaccurate by more than two[one-tenths half of one percent (0.20.5%), or is otherwise unavailable or functioning improperly, then the correct amount of Delivered Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Delivered Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than twoone-tenths half of one percent (0.20.5%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths one-half of one percent (0.20.5%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any the telemetered data, and such guidelines as may have been agreed upon between the Seller and the Purchaser as part of the Operating Procedures; (iii) if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on any other available evidencereading, and either Party may refer such refersuch Dispute for resolution in accordance with Article 18XVIII; and (iv) the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, and the recalculated re-calculated amount shall, as appropriate, be offset against or added to the next payment due to the Seller, with interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths one-half of one percent (0.20.5%) and not otherwise functioning improperly.

Reading Meters. (a) The SellerPurchaser shall, at its own cost and expense, shall procure and the Seller shall install electronic data recording systems system capable of recording the Net Delivered Energy measured by the Metering System, System on a continuous basis and capable of storing such recordings for a period of not less than ninety (90) Days and the Seller shall procure and install install, at its own cost and expense, such systems system for the Back-Up Metering System as is capable of storing, on a continuous basis with the capacity of storing basis, such recordings for a period of not less than ninety (90) Days. All metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after the date Purchaser connects wirelessly or through a communication circuit to the Facility as provided in Section 7.2. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the telemetry system, systems shall be used to determine the Net Delivered EnergyEnergy of the Complex. The electronic data recording system and any telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement, and the electronic data recording system related to the Metering System shall be conveyed to the Purchaser as a part of the Metering System in accordance with the provisions of this Article VII. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, system the following procedure shall apply: (i) : the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization and, thereafter, Commercial Operations Date and thereafter Monthly on the last Business Day of each Month or such other Day as may be mutually be agreed upon by the Parties; (ii) ; the Purchaser Seller shall take such readings reading during normal business hours unless otherwise mutually agreed by the Parties; (iii) ; the Seller shall give the Purchaser shall provide the Seller at least not less than forty-eight (48) hours notice of the time the Purchaser Seller intends to take such readings, reading and the Seller Purchaser shall have the right to be present at and to witness any such readings; (iv) reading; if a SellerPurchaser’s representative is present at such readingsreading, then such readings reading shall be jointly taken and recorded; (v) ; if a SellerPurchaser’s representative is not present at such readingsreading, then the Purchaser Seller’s representative shall take and record such readings) reading and make a photographic record thereof; (vi) each Party ; the Seller shall maintain a log of all such meter readings; and (vii) and the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser Seller to the Seller Purchaser within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered Energy, provided provided, that during any period when the Metering System is out of service as a result of maintenance, repairs, repairs or testing, then the best available information, which may include the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, Energy and the provisions of Section 7.4(a) and Section 7.4(b) shall apply to the reading of the Back- Back-Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a7.3(a), the Metering System is found to be inaccurate by more than twoone-tenths fifth of one percent (0.2%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) : the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than twoone-tenths fifth of one percent (0.2%) or is otherwise functioning improperly; (ii) ; if the Back-Up Metering System is found to be inaccurate by more than two- tenths one-fifth of one percent (0.2%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered data, information and such guidelines as may have been agreed upon to between the Seller and the Purchaser as part of the Operating Procedures; (iii) Purchaser; if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on reading and any other available evidence, and Dispute shall be referred by either Party may refer such Dispute for resolution in accordance with Article 18Section 18.1 and Section 18.2; and (iv) and the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, inaccuracy and the recalculated amount shall, as appropriate, shall be offset against or added to the next payment due to the SellerSeller under this Agreement, with as appropriate, plus interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths one-fifth of one percent (0.2%) and not otherwise functioning improperly.

Reading Meters. (a) The SellerPower Purchaser shall, at its own cost and expense, shall procure and the Company shall install electronic data recording systems system capable of recording the Net Delivered Energy Electrical Output measured by the Metering System, and shall procure and install such systems for the Back-Up Metering System on a continuous basis with the capacity and capable of storing such recordings for not less than ninety (90) Days. All metering data recorded by Days and the Metering System Company shall procure and install, at its own cost and expense, such system for the Back-up Up Metering System shall also be as is capable of telemetering from and after the date Purchaser connects wirelessly or through storing, on a communication circuit to the Facility as provided in Section 7.2continuous basis, such recordings for no less than ninety (90) Days. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the telemetry system, systems shall be used to determine the Net Delivered EnergyElectrical Output of the Complex. The electronic data recording system and any telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement, and the electronic data recording system related to the Metering System shall be conveyed to the Power Purchaser as a part of the Metering System in accordance with the provisions of this Article VII. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, system the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization and, thereafter, Commercial Operations Date and thereafter Monthly on the last Business Day of each Month or such other Day as may be mutually be agreed upon by the Parties; (ii) the Purchaser Company shall take such readings reading during normal business hours unless otherwise mutually agreed by the Parties; (iii) the Company shall give the Power Purchaser shall provide the Seller at least forty-eight (48) hours notice of the time the Purchaser intends to take such readings, and the Seller shall have the right to witness any such readings; (iv) if a Seller’s representative is present at such readings, then such readings shall be jointly taken and recorded; (v) if a Seller’s representative is not present at such readings, then the Purchaser representative shall take and record such readings) and make a photographic record thereof; (vi) each Party shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser to the Seller within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered Energy, provided that during any period when the Metering System is out of service as a result of maintenance, repairs, or testing, then the best available information, which may include the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, and the provisions of Section 7.4(b) shall apply to the reading of the Back- Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a), the Metering System is found to be inaccurate by more than two-tenths of one percent (0.2%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than two-tenths of one percent (0.2%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths of one percent (0.2%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered data, and such guidelines as may have been agreed upon between the Seller and the Purchaser as part of the Operating Procedures; (iii) if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on any other available evidence, and either Party may refer such Dispute for resolution in accordance with Article 18; and (iv) the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, and the recalculated amount shall, as appropriate, be offset against or added to the next payment due to the Seller, with interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths of one percent (0.2%) and not otherwise functioning improperly.eight

Reading Meters. (a) The SellerSeller shall, at its own cost and expense, shall procure and install telemetry and electronic data recording systems capable of recording the Net Delivered Energy measured by the Metering System, System and shall procure and install such systems for the Back-Up Metering System on a continuous basis with the capacity and capable of storing such recordings for not less than ninety (90) Days. All metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after telemetered at [Control Centre / Other] through telemetry facilities provisioned by the date Purchaser connects wirelessly or through a communication circuit to the Facility as provided in Section 7.2Seller at its expense. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the and telemetry system, systems shall be used to determine the Net Delivered Energy. The electronic data recording system and any the telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement, and the electronic data recording system and the telemetry system related to the Metering System shall be conveyed to the Purchaser as a part of the Metering System in accordance with the provisions of this Article VII. (b) The 3The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, system the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization and, thereafter, Availability Date and thereafter Monthly on the last Business Day of each Month or such other Day as may be mutually be agreed upon by the Parties; (ii) the Purchaser shall take such readings reading during normal business hours unless otherwise mutually agreed by the Parties; (iii) the Purchaser shall provide give the Seller at least forty-eight (48) hours notice of the time the Purchaser intends to take such readings, reading and the Seller shall have the right to witness any such readingsreading; (iv) if a Seller’s Seller representative is present at such readingsreading, then such readings reading shall be jointly taken and recorded; (v) if a Seller’s Seller representative is not present at such readingsreading, then the Purchaser representative shall take and record such readings) reading and make a photographic record thereof; (vi) each Party the Purchaser shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser to the Seller within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered Energy, provided provided, that during any period when the Metering System is out of service as a result of maintenance, repairs, repairs or testing, then the best available information, which may include the metering data recorded through the telemetry system or the data recorded at the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, Energy and the provisions of Section 7.4(a) and Section 7.4(b) shall apply to the reading of the Back- Back-Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a7.3(a), the Metering System is found to be inaccurate by more than twoone-tenths half of one percent (0.20.5%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than twoone-tenths half of one percent (0.20.5%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths one-half of one percent (0.20.5%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered the telemetred data, and such guidelines as may have been agreed upon to between the Seller and the Purchaser as part of the Operating Procedures; (iii) if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on reading and any other available evidence, and Dispute shall be referred by either Party may refer such Dispute for resolution in accordance with Article 18Section 18.1 and Section 18.2; and (iv) the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, inaccuracy and the recalculated amount shall, as appropriate, shall be offset against or added to the next payment due to the SellerSeller under this Agreement, with as appropriate, plus interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths one-half of one percent (0.20.5%) and not otherwise functioning improperly.

Reading Meters. (a) The SellerNTDC shall, at its own cost and expense, shall procure and the Company shall install electronic data recording systems system capable of recording the Net Delivered Energy Electrical Output measured by the Metering System, and shall procure and install such systems for the Back-Up Metering System on a continuous basis with the capacity and capable of storing such recordings for not less than ninety (90) Days. All metering data recorded by Days and the Metering System Company shall procure and install, at its own cost and expense, such system for the Back-up Up Metering System shall also be as is capable of telemetering from and after the date Purchaser connects wirelessly or through storing, on a communication circuit to the Facility as provided in Section 7.2continuous basis, such recordings for no less than ninety (90) Days. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the telemetry system, systems shall be used to determine the Net Delivered EnergyElectrical Output of the Complex. The electronic data recording system and any telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement, and the electronic data recording system related to the Metering System shall be conveyed to NTDC as a part of the Metering System in accordance with the provisions of this Article VII. (b) The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, system the following procedure shall apply: (i) the local totalized readings of the Metering System and the Back-Up Metering System shall be read by the Metering Committee on issuance of the Certificate of Readiness for Synchronization and, thereafter, Commercial Operations Date and thereafter Monthly on the last Business Day of each Month or such other Day as may be mutually be agreed upon by the Parties; (ii) the Purchaser Company shall take such readings reading during normal business hours unless otherwise mutually agreed by the Parties; (iii) the Purchaser Company shall provide the Seller give NTDC at least forty-eight (48) hours notice of the time the Purchaser Company intends to take such readings, reading and the Seller NTDC shall have the right to witness any such readingsreading; (iv) if a Seller’s NTDC representative is present at such readingsreading, then such readings reading shall be jointly taken and recorded; (v) if a Seller’s NTDC representative is not present at such readingsreading, then the Purchaser Company representative shall take and record such readings) reading and make a photographic record thereof; (vi) each Party the Company shall maintain a log of all such meter readings; and (vii) the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Company to NTDC and the Power Purchaser to the Seller within two (2) Business Days after the readings are taken. (c) The Metering System shall be used to measure the Net Delivered EnergyElectrical Output, provided provided, that during any period when the Metering System is out of service as a result of maintenance, repairs, repairs or testing, then the best available information, which may include the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, Electrical Output and the provisions of Section 7.4(a) and Section 7.4(b) shall apply to the reading of the Back- Back-Up Metering System. (d) If, in any test carried out pursuant to Section 7.4(a7.3(a), the Metering System is found to be inaccurate by more than twoone-tenths half of one percent (0.20.5%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy Electrical Output delivered to at the Purchaser Connection Point for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered EnergyElectrical Output, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than twoone-tenths half of one percent (0.20.5%) or is otherwise functioning improperly; (ii) if the Back-Up Metering System is found to be inaccurate by more than two- tenths one-half of one percent (0.20.5%) or is otherwise unavailable or functioning improperly, then the Seller Company and Purchaser NTDC shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered data, information and such guidelines as may have been agreed upon to between the Seller Company and the Purchaser as part of the Operating ProceduresNTDC; (iii) if the Purchaser NTDC and the Seller Company fail to agree upon an estimate for the correct reading, the Seller Company will estimate the Net Electrical Output during the period based on reading and any other available evidence, and Dispute shall be referred by either Party may refer such Dispute for resolution in accordance with Article 18Section 18.1 and Section 18.2; and (iv) the difference between the previous payments by the Power Purchaser for the period of inaccuracy, if any, inaccuracy and the recalculated amount shall, as appropriate, shall be offset against or added to the next payment due to the SellerCompany under this Agreement, with as appropriate, plus interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date which is midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- tenths one- half of one percent (0.20.5%) and not otherwise functioning improperly.

Reading Meters. (a) a. The Seller, at its own cost and expense, shall procure and install telemetry and electronic data recording systems capable of recording the Net Delivered Energy measured by the Metering System, and shall procure and install such systems for the Back-Up Metering System on a continuous basis with the capacity of storing such recordings for not less than ninety (90) Days. All metering data recorded by the Metering System and the Back-up Metering System shall also be capable of telemetering from and after the date Purchaser connects wirelessly or through a communication circuit to the Facility as provided in Section 7.2. Subject to the provisions of Section 7.1 7.4(d) and verification of the data recording system pursuant to Section 7.37.4(b), the Parties agree that the information contained in or obtained from such electronic data recording system and, when available, the and telemetry system, systems shall be used to determine the Net Delivered Energy. The electronic data recording system and any the telemetry system related to the Metering System and the Back-Up Metering System shall constitute a part of the Metering System and the Back-Up Metering System, respectively, for all purposes under this Agreement. (b) b. The information contained in the electronic data recording system shall be verified by checking that the sum of the hourly readings in the electronic data recording system over a specified period are consistent with the local totalized readings for the Metering System (or, if applicable, the Back-Up Metering System) over the same period (determined by subtracting the local totalized reading at the beginning of the period from the local totalized reading at the end of the period). In order to verify the information contained in the electronic data recording system, the following procedure shall apply: (i) i. the local totalized readings of the Metering System and the Back-Up Metering System shall be read on issuance of the Certificate of Readiness for Synchronization and, thereafter, Monthly on the last Business Day of each Month or such other Day as may mutually be agreed upon by the Parties; (ii) . the Purchaser shall take such readings during normal business hours unless otherwise mutually agreed by the Parties; (iii) . the Purchaser shall provide the Seller at least forty-eight (48) hours hours’ notice of the time the Purchaser intends to take such readings, and the Seller shall have the right to witness any such readings; (iv) . if a Seller’s representative is present at such readings, then such readings shall be jointly taken and recorded; (v) v. if a Seller’s representative is not present at such readings, then the Purchaser representative shall take and record such readings) and make a photographic record thereof; (vi) . each Party shall maintain a log of all such meter readings; and (vii) . the recorded measurements for each fifteen (15) minute period and each hour during the relevant period and the local totalized recorded measurements shall be delivered by the Purchaser Seller to the Seller Purchaser within two (2) Business Days after the readings are taken. (c) c. The Metering System shall be used to measure the Net Delivered Energy, provided that during any period when the Metering System is out of service as a result of maintenance, repairs, or testing, then the best available information, which may include the electronic data recording system of the Back-Up Metering System, shall be used to measure the Net Delivered Energy, and the provisions of Section 7.4(b) shall apply to the reading of the Back- Back-Up Metering System. (d) d. If, in any test carried out pursuant to Section 7.4(a7.3(a), the Metering System is found to be inaccurate by more than two-tenths of one percent (0.2%), or is otherwise unavailable or functioning improperly, then the correct amount of Net Delivered Energy delivered to the Purchaser for the actual period during which inaccurate measurements were made, if any, shall be determined as follows: (i) i. the readings of the Back-Up Metering System shall be used to calculate the correct amount of Net Delivered Energy, unless a test of such Back-Up Metering System, as required by either Party, reveals that the Back-Up Metering System is inaccurate by more than two-tenths of one percent (0.2%) or is otherwise functioning improperly; (ii) . if the Back-Up Metering System is found to be inaccurate by more than two- tenths of one percent (0.2%) or is otherwise unavailable or functioning improperly, then the Seller and Purchaser shall jointly prepare an estimate of the correct reading on the basis of all available information, including any telemetered data, and such guidelines as may have been agreed upon between the Seller and the Purchaser as part of the Operating Procedures; (iii) . if the Purchaser and the Seller fail to agree upon an estimate for the correct reading, the Seller will estimate the Net Electrical Output during the period based on any other available evidence, and either Party may refer such Dispute for resolution in accordance with Article 18; and (iv) . the difference between the previous payments by the Purchaser for the period of inaccuracy, if any, and the recalculated amount shall, as appropriate, be offset against or added to the next payment due to the Seller, with interest at the Delayed Payment Rate. If the period of inaccuracy cannot be accurately determined, it shall be deemed to have begun on the date midway between the date the meter was found to be inaccurate and the date of the last meter reading accepted by the Parties as accurate. In no event, however, shall any such adjustment be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus two- two-tenths of one percent (0.2%) and not otherwise functioning improperly.