Common use of Standard of Metering Device Accuracy; Resolution of Disputes as to Accuracy Clause in Contracts

Standard of Metering Device Accuracy; Resolution of Disputes as to Accuracy. The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: (i) If either Party disputes the accuracy or condition of the Metering Device, such Party shall so advise the other Party in writing within fifteen (15) days after receipt of such information regarding the accuracy or condition of the Metering Device. (ii) Owner shall, within fifteen (15) days after receiving such notice from User, or User shall, within such time after having received such notice from Owner, advise the other Party in writing as to its position concerning the accuracy of such Metering Device and state reasons for taking such position. (iii) If the Parties are unable to resolve the dispute through reasonable negotiations, then either Party may cause the Metering Device to be tested. (iv) If the Metering Device is found to be inaccurate by not more than 2%, any previous recordings of the Metering Device shall be deemed accurate, and the Party disputing the accuracy or condition of the Metering Device under Section 6.3(b) (i) shall bear the cost of inspection and testing of the Metering Device. (v) If the Metering Device is found to be inaccurate by more than 2% or if such Metering Device is for any reason out of service or fails to register, then (a) Owner shall promptly cause any Metering Device found to be inaccurate to be adjusted to correct, to the extent practicable, such inaccuracy, (b) the Parties shall estimate the correct amounts of Electricity delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 6.2, and (c) Owner shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the quantity of Electricity for any period is decreased (such quantity, the “Electricity Deficiency Quantity”), Owner shall reimburse User for the amount paid by User in consideration for the Electricity Deficiency Quantity, and shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the quantity of Electricity for any period is increased (such quantity, the “Electricity Surplus Quantity”), User shall pay for the Electricity Surplus Quantity at the Electricity Price applicable during the applicable Contract Year.

Standard of Metering Device Accuracy; Resolution of Disputes as to Accuracy. The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: (i) If either Party disputes the accuracy or condition of the Metering Device, such Party shall so advise the other Party in writing within fifteen (15) days after receipt of writing, stating in reasonable detail the basis for such information regarding the accuracy or condition of the Metering Devicedispute. (ii) Owner The non-disputing Party shall, within fifteen (15) Business days after of receiving such notice from User, or User shall, within such time after having received such notice from Ownerthe disputing Party, advise the other disputing Party in writing as to its position concerning the accuracy of such Metering Device and state reasons for taking such position. (iii) If the Parties are unable to resolve agree to the dispute through reasonable negotiationsaccuracy or condition of the Metering Device, then either Party may cause request additional testing of the Metering Device to be testedby the Third Party Monitoring and Reporting Service provider, or the Metering Device’s manufacturer or other certified testing authority. (iv) If the Metering Device is found to be inaccurate by not more than 2%1% or less, any previous recordings of the Metering Device shall be deemed accurate, and the Party disputing the accuracy or condition of the Metering Device under Section 6.3(b) (i7.3(c)(i) shall bear the cost of inspection and testing of the Metering DeviceDevice as described in Section 7.3(c)(iii). (v) If the Metering Device is found to be inaccurate by more than 21% or if such Metering Device is for any reason out of service or fails to register, then (aA) Owner shall promptly cause any Metering Device found to be inaccurate to be replaced or adjusted to correct, to the extent practicable, such inaccuracy, (bB) the Parties shall estimate the correct amounts of Electricity Energy Output delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in accordance with Section 6.2, 7.2 and (cC) Owner shall bear the cost of inspection and testing of the Metering DeviceDevice as described in Section 7.3(c)(iii). If as a result of such adjustment the quantity of Electricity Energy Output for any period is decreased (such quantity, the “Electricity Energy Deficiency Quantity”), Owner shall reimburse User Host Customer for the amount paid by User Host Customer in consideration for the Electricity Energy Deficiency Quantity, and shall bear the cost of inspection and testing of the Metering DeviceQuantity by crediting such amount against Host Customer’s payment obligations under this PPA. If as a result of such adjustment the quantity of Electricity Energy Output for any period is increased (such quantity, the “Electricity Energy Surplus Quantity”), User Owner shall separately invoice for, and Host Customer shall pay for the Electricity Energy Surplus Quantity at the Electricity Price Energy Payment Rate applicable during the applicable Contract YearYear in accordance with Article 9 below.

Standard of Metering Device Accuracy; Resolution of Disputes as to Accuracy. The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: (i) A. If either Party disputes the accuracy or condition of the Metering Device, such Party shall so advise the other Party in writing within fifteen (15) days after receipt of such information regarding the accuracy or condition of the Metering Devicewriting. (ii) Owner B. Seller shall, within fifteen (15) calendar days after receiving such notice from User, Purchaser or User shall, within such time after having received issuing such notice from Ownerto Purchaser, advise the other Party Purchaser in writing as to its Seller’s position concerning the accuracy of such Metering Device and state Seller’s reasons for taking such position. (iii) C. If the Parties are unable to resolve the dispute through reasonable negotiationsreasonable, good faith negotiations within thirty (30) days after the initial notice of dispute was given by either Party, then either Party may cause request a test of the Metering Device to be testedby an independent third party. (iv) D. If the Metering Device is found to be inaccurate by not more than 2%accurate per ANSI C12.20 (Class .5 - having ± 0.5% accuracy, and Class .2 - having ± 0.2% accuracy), any previous recordings of the Metering Device shall be deemed accurate, and the Party disputing the accuracy or condition of the Metering Device under Section 6.3(b) (i) shall bear the cost of inspection and testing of the Metering Device. (v) E. If the Metering Device is found to be inaccurate by more than 2per ANSI C12.20 (Class .5 - having ± 0.5% accuracy, and Class .2 - having ± 0.2% accuracy) or if such Metering Device is for any reason out of service or fails to register, then (a) Owner Seller shall promptly cause any Metering Device found to be inaccurate to be adjusted to correct, to the extent practicable, such inaccuracy, and (b) the Parties shall estimate the correct amounts of Electricity Energy delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 6.2subsection (b). If, and (c) Owner shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment adjustment, the quantity of Electricity Purchaser’s Energy for any period is decreased (such quantity, the “Electricity Energy Deficiency Quantity”), Owner Seller shall reimburse User Purchaser for the amount paid by User Purchaser in consideration for the Electricity Energy Deficiency Quantity, and shall bear the cost of inspection and testing of the Metering Device. If If, as a result of such adjustment adjustment, the quantity of Electricity Purchaser’s Energy for any period is increased (such quantity, the “Electricity Energy Surplus Quantity”), User Purchaser shall pay for the Electricity Energy Surplus Quantity at the Electricity Price Energy Payment Rate applicable during the applicable Contract Year, and shall bear the cost of inspection and testing of the Metering Device. Any out-of-service period required to make corrections to the meters accuracy or failure to operate correctly shall not exceed two (2) weeks.

Standard of Metering Device Accuracy; Resolution of Disputes as to Accuracy. The following steps shall be taken to resolve any disputes regarding the accuracy of the a Metering Device: (i) i. If either Party disputes the accuracy or condition of the such Metering Device, such Party shall so advise the other Party in writing within fifteen (15) days after receipt of such information regarding the accuracy or condition of the Metering Devicewriting. (ii) Owner . Service Provider shall, within fifteen (15) business days after receiving such notice from User, Client or User shall, within such time after having received issuing such notice from Ownerto Client, advise the other Party Client in writing as to its Service Provider’s position concerning the accuracy of such Metering Device and state Service Provider’s reasons for taking such position. (iii) . If the Parties are unable to resolve the dispute through reasonable negotiations, then either Party may cause the request a test of such Metering Device to be testedat requesting Party’s expense. (iv) . If the such Metering Device is found to be inaccurate by not more than 2one percent (1%), any previous recordings of the such Metering Device shall be deemed accurate, and the Party disputing the accuracy or condition of the such Metering Device under Section 6.3(b) (i11(c)(i) shall bear the cost of inspection and testing of the such Metering Device. (v) v. If the such Metering Device is found to be inaccurate by more than 2% one percent (1%) or if such Metering Device is for any reason out of service or fails to register, then (a) Owner Service Provider shall promptly cause any such Metering Device found to be inaccurate to be adjusted to correct, to the extent practicable, such inaccuracy, and (b) the Parties shall estimate the correct amounts of Electricity energy delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 6.211(b). If as a result of such adjustment the quantity of energy output for any period is decreased (such quantity, the “Energy Deficiency Quantity”), Service Provider shall reimburse Client for the amount paid by Client in consideration for the Energy Deficiency Quantity, and (c) Owner shall bear the cost of inspection and testing of the such Metering Device. If as a result of such adjustment the quantity of Electricity Energy Output for any period is decreased increased (such quantity, the “Electricity Deficiency Energy Surplus Quantity”), Owner Client shall reimburse User pay for the amount paid by User in consideration for Energy Surplus Quantity at the Electricity Deficiency QuantityContract Price during the applicable Contract Year, and shall bear the cost of inspection and testing of the such Metering Device. If as a result of such adjustment the quantity of Electricity for any period is increased (such quantity, the “Electricity Surplus Quantity”), User shall pay for the Electricity Surplus Quantity at the Electricity Price applicable during the applicable Contract Year.

Standard of Metering Device Accuracy; Resolution of Disputes as to Accuracy. The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: (i) If either Party disputes the accuracy or condition of the Metering Device, such Party shall so advise the other Party in writing within fifteen (15) days after receipt of such information regarding the accuracy or condition of the Metering Device. (ii) Owner Developer shall, within fifteen (15) days after receiving such notice from UserTown, or User Town shall, within such time after having received such notice from OwnerDeveloper, advise the other Party in writing as to its position concerning the accuracy of such Metering Device and state reasons for taking such position. (iii) If the Parties are unable to resolve the dispute through reasonable negotiations, then either Party may cause the Metering Device to be tested. (iv) If the Metering Device is found to be inaccurate by not more than 2%, any previous recordings of the Metering Device shall be deemed accurate, and the Party disputing the accuracy or condition of the Metering Device under Section 6.3(b) (i) shall bear the cost of inspection and testing of the Metering Device. (v) If the Metering Device is found to be inaccurate by more than 2% or if such Metering Device is for any reason out of service or fails to register, then (a) Owner Developer shall promptly cause any Metering Device found to be inaccurate to be adjusted to correct, to the extent practicable, such inaccuracy, (b) the Parties shall estimate the correct amounts of Electricity delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 6.2, and (c) Owner Developer shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the quantity of Electricity for any period is decreased (such quantity, the “Electricity Deficiency Quantity”), Owner Developer shall reimburse User Town for the amount paid by User Town in consideration for the Electricity Deficiency Quantity, and shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the quantity of Electricity for any period is increased (such quantity, the “Electricity Surplus Quantity”), User Town shall pay for the Electricity Surplus Quantity at the Electricity Price applicable during the applicable Contract Year.