Common use of Statements and Payment Clause in Contracts

Statements and Payment. ‌ (a) Statements‌ (i) The Seller will, by the 15th day of each month during the Energy Delivery Period (beginning in the second month of the Energy Delivery Period), deliver to the Buyer a statement, for the preceding month, in respect of Delivered Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things: (A) the amount of Delivered Energy in each hour of the preceding month, specifying the amount of Delivered Energy in the hour that is Excess Energy (if any); (B) the price and aggregate amount payable for all Delivered Energy described in the statement pursuant to section 6.1; (C) any Final Amounts owing by either Party to the other Party at that time; and (D) a certification by a senior officer of the Seller that all Delivered Energy in the month is Clean Energy. (ii) The Seller will, by the 15th day of each month during the Energy Delivery Period (beginning in the third month of the Energy Delivery Period), deliver to the Buyer a statement, for the month that precedes the preceding month, in respect of Deemed Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things:‌ (A) the amount of Deemed Energy in the month prior to the preceding month, and any associated avoided or avoidable costs pursuant to section 5.8 that have been approved in advance by the Buyer; (B) the price and aggregate amount payable for all Deemed Energy described in the statement pursuant to section 6.2, applicable. (iii) Any statement delivered under this section 6.4(a) must set out in reasonable detail the manner by which the statement and the amounts shown thereon were computed, and be accompanied by sufficient data, including the use of e-meter data and any computational and invoicing models to support the statement details, which indicate (among other things) the amount of Deemed Energy in each hour of the month, to enable the Buyer, acting reasonably, to satisfy itself as to the accuracy of the statement. (iv) Either Party may give notice to the other Party of an error, omission or disputed amount on a statement within 36 months after the statement was first issued together with reasonable detail to support its claim. After expiry of that 36 month period, except in the case of willful misstatement, fraud or concealment, amounts on a previously issued statement will be considered accurate and amounts which were omitted will be considered to be nil, other than amounts disputed in accordance with this section within the 36 month period, which will be resolved in accordance with this EPA.‌ (v) If the Buyer gives notice to the Seller of an error, omission or disputed amount on a statement as described in section 6.4(a)(iv), the Buyer may direct the Seller to promptly produce new statements for the relevant month(s). The new statements will show the undisputed amount and disputed amount each in a separate statement or will otherwise separate the amounts in a single statement in a manner acceptable to the Buyer.‌

Statements and Payment. ‌ (a) Statements‌Statements (i) The Seller will, by the 15th day of the first full month after COD, deliver to the Buyer a statement, for the preceding month, in respect of Test Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things: (A) the aggregate amount of Test Energy, specifying the amount of Test Energy in the hour that is Excess Energy (if any); (B) the Test Energy Price and aggregate amount payable pursuant to section 8.1 for Test Energy, excluding any Excess Energy; and (C) a certification by a senior officer of the Seller that all Test Energy in the month is Clean Energy. (ii) The Seller will, by the 15th day of each month during the Energy Delivery Period after COD (beginning in the second first full month of the Energy Delivery Periodafter COD), deliver to the Buyer a statement, for the preceding month, in respect of Delivered Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things: (A) the amount of Delivered Energy in each hour of the preceding month, specifying the amount of Delivered Energy in the hour that is Excess Energy (if any); (B) the price and aggregate amount payable pursuant to section 8.2 for all Delivered Energy described in the statement pursuant to section 6.1(excluding any Excess Energy), including, only in the statements for the months of September 2029 and September 2030, any amounts payable under sections 8.4(a) or 8.4(b), respectively; (C) any Final Amounts owing by either Party to the other Party at that time, including a calculation of the amount of any LDs payable in respect of the prior month; and (D) a certification by a senior officer of the Seller that all Delivered Energy in the month is Clean Energy. (iiiii) The Seller will, by the 15th day of each month during the Energy Delivery Period after COD (beginning in the third second full month of the Energy Delivery Periodafter COD), deliver to the Buyer a statement, for the month that precedes the preceding month, in respect of Deemed Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things:‌things: (A) the amount of Deemed Energy in the month prior to the preceding month, and any associated avoided or avoidable costs pursuant to section 5.8 7.10 that have been approved in advance by the Buyer; (B) the price and aggregate amount payable for all Deemed Energy described in the statement pursuant to section 6.28.3, applicable. (iiiiv) Any statement delivered under this section 6.4(a8.6(a) must set out in reasonable detail the manner by which the statement and the amounts shown thereon were computed, and be accompanied by sufficient data, including the use of e-meter data and any computational and invoicing models to support the statement details, which indicate (among other things) the amount of Deemed Energy in each hour of the month, to enable the Buyer, acting reasonably, to satisfy itself as to the accuracy of the statement. (ivv) Either Party may give notice to the other Party of an error, omission or disputed amount on a statement within 36 months after the statement was first issued together with reasonable detail to support its claim. After expiry of that 36 month period, except in the case of willful misstatement, fraud or concealment, amounts on a previously issued statement will be considered accurate and amounts which were omitted will be considered to be nil, other than amounts disputed in accordance with this section within the 36 month period, which will be resolved in accordance with this EPA.‌EPA. (vvi) If the Buyer gives notice to the Seller of an error, omission or disputed amount on a statement as described in section 6.4(a)(iv8.6(a)(v), the Buyer may direct the Seller to promptly produce new statements for the relevant month(s). The new statements will show the undisputed amount and disputed amount each in a separate statement or will otherwise separate the amounts in a single statement in a manner acceptable to the Buyer.‌Buyer. (vii) For greater certainty, the Seller will not be entitled to issue any statement for amounts described in this EPA other than in accordance with the timelines set in this section 8.6 for the relevant amounts, and the Buyer will have no obligation to pay the Seller any amounts for Test Energy, Delivered Energy or Deemed Energy unless the relevant amount of Test Energy, Delivered Energy or Deemed Energy was included in the statement required for the applicable month as specified in this section 8.6.

Statements and Payment. ‌ (a) Statements‌Statements (i) The Seller will, by the 15th day of each month during the Energy Delivery Period (beginning in the second month of the Energy Delivery Period), deliver to the Buyer a statement, for the preceding month, in respect of Delivered Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things: (A) the amount of Delivered Energy in each hour of the preceding month, specifying the amount of Delivered Energy in the hour that is Excess Energy (if any); (B) the price and aggregate amount payable for all Delivered Energy described in the statement pursuant to section 6.1; (C) any Final Amounts owing by either Party to the other Party at that time; and (D) a certification by a senior officer of the Seller that all Delivered Energy in the month is Clean Energy. (ii) The Seller will, by the 15th day of each month during the Energy Delivery Period (beginning in the third month of the Energy Delivery Period), deliver to the Buyer a statement, for the month that precedes the preceding month, in respect of Deemed Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things:‌things: (A) the amount of Deemed Energy in the month prior to the preceding month, and any associated avoided or avoidable costs pursuant to section 5.8 that have been approved in advance by the Buyer; (B) the price and aggregate amount payable for all Deemed Energy described in the statement pursuant to section 6.2, applicable. (iii) Any statement delivered under this section 6.4(a) must set out in reasonable detail the manner by which the statement and the amounts shown thereon were computed, and be accompanied by sufficient data, including the use of e-meter e‐meter data and any computational and invoicing models to support the statement details, which indicate (among other things) the amount of Deemed Energy in each hour of the month, to enable the Buyer, acting reasonably, to satisfy itself as to the accuracy of the statement. (iv) Either Party may give notice to the other Party of an error, omission or disputed amount on a statement within 36 months after the statement was first issued together with reasonable detail to support its claim. After expiry of that 36 month period, except in the case of willful misstatement, fraud or concealment, amounts on a previously issued statement will be considered accurate and amounts which were omitted will be considered to be nil, other than amounts disputed in accordance with this section within the 36 month period, which will be resolved in accordance with this EPA.‌EPA. (v) If the Buyer gives notice to the Seller of an error, omission or disputed amount on a statement as described in section 6.4(a)(iv), the Buyer may direct the Seller to promptly produce new statements for the relevant month(s). The new statements will show the undisputed amount and disputed amount each in a separate statement or will otherwise separate the amounts in a single statement in a manner acceptable to the Buyer.‌Buyer. (b) Payment (i) Within 30 days after receipt of a statement delivered under section 6.4(a), and subject to section 6.7, the Buyer will pay to the Seller the amount set out in the statement, except to the extent the Buyer in good faith disputes all or part of the statement by notice to the Seller as described in section 6.4(a)(iv). (ii) If the Buyer disputes any portion of a statement, the Buyer must pay the undisputed net amount payable by the Buyer pursuant to the statement or, if applicable, the new statement of the undisputed amount described in section 6.4(a)(v), in each case in accordance with section 6.4(b)(i). (iii) The Parties will endeavor to resolve any error, omission or disputed amount on a statement within 30 days of the notice described in section 6.4(a)(iv). (iv) Any amount required to be paid in accordance with this EPA, but not paid by either Party when due, will accrue interest at an annual rate equal to the Prime Rate plus 2%, compounded monthly. Any disputed amount that is found to be payable will be deemed to have been due within 30 days after the date of receipt of the statement which included or should have included the disputed amount.

Statements and Payment. ‌ (a) Statements‌ (i) The Seller Buyer will, by the 15th day of each month during after the Energy Delivery Period (beginning in the second month of the Energy Delivery Period)Buyer's COD, deliver to the Buyer Seller a statement, statement for the preceding month, in respect of Delivered Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things: (A) the amount of of, and price payable for, Delivered Energy in each hour of the preceding for that month, specifying the amount of Delivered Energy in the hour that is Excess Energy (if any); (B) the price and aggregate any amount payable for all Delivered Energy described owing by Buyer in the statement respect of a Non-Permitted Distribution/Transmission Constraint pursuant to section 6.1Section 4.8; (C) any Final Amounts owing by either Party to the other Party at that time; and (D) a certification by a senior officer of the Seller that all Party. Where there has been any Delivered Energy purchased by Buyer in the month is Clean Energy. (ii) The period prior to Buyer's COD, the first statement following Buyer's COD shall also account for all amounts payable by Buyer to Seller will, by the 15th day of each month during the Energy Delivery Period (beginning in the third month of the Energy Delivery Period), deliver for such period prior to the Buyer a statement, for the month that precedes the preceding month, in respect of Deemed EnergyBuyer's COD. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things:‌ (A) the amount of Deemed Energy in the month prior to the preceding month, and any associated avoided or avoidable costs pursuant to section 5.8 that have been approved in advance by the Buyer; (B) the price and aggregate amount payable for all Deemed Energy described in the statement pursuant to section 6.2, applicable. (iii) Any statement delivered under this section 6.4(a) must set out in reasonable detail the manner by which the statement and the amounts shown thereon were computed, computed and be accompanied by sufficient data, including the use of e-meter data and any computational and invoicing models to support the statement details, which indicate (among other things) the amount of Deemed Energy in each hour of the month, to enable the BuyerSeller, acting reasonably, to satisfy itself as to the accuracy of the statement. (ivii) Either Party may give notice to the other Party of an error, omission or disputed amount on a statement within 36 months after the statement was first issued together with reasonable detail to support its claim. After expiry of that 36 month period, except in the case of willful misstatement, fraud or concealment, amounts on a previously issued statement will be considered accurate and amounts which were omitted will be considered to be nil, other than amounts disputed in accordance with this section Section within the 36 month period, which will be resolved in accordance with this EPA.‌ (viii) If the Buyer Seller gives notice to the Seller Buyer of an error, omission or disputed amount on a statement as described in section 6.4(a)(ivSection 5.3(a)(ii), the Buyer Seller may direct the Seller Buyer to promptly produce new statements for the relevant month(s). The new statements will show the undisputed amount and disputed amount each in a separate statement or will otherwise separate the amounts in a single statement in a manner acceptable to the Buyer.‌Seller, acting reasonably.‌

Statements and Payment. ‌ (a) Statements‌ (i) The Seller will, by the 15th day of the first full month after COD, deliver to the Buyer a statement, for the preceding month, in respect of Test Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things: (A) the aggregate amount of Test Energy, specifying the amount of Test Energy in the hour that is Excess Energy (if any); (B) the Test Energy Price and aggregate amount payable pursuant to section 8.1 for Test Energy, excluding any Excess Energy; and (C) a certification by a senior officer of the Seller that all Test Energy in the month is Clean Energy. (ii) The Seller will, by the 15th day of each month during the Energy Delivery Period after COD (beginning in the second first full month of the Energy Delivery Periodafter COD), deliver to the Buyer a statement, for the preceding month, in respect of Delivered Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things:things:‌ (A) the amount of Delivered Energy in each hour of the preceding month, specifying the amount of Delivered Energy in the hour that is Excess Energy (if any); (B) the price and aggregate amount payable pursuant to section 8.2 for all Delivered Energy described in the statement pursuant (excluding any Excess Energy), including, only in the statements for months prior to section 6.1and including September 2030, any amounts payable under sections 8.4(a) or 8.4(b), respectively; (C) any Final Amounts owing by either Party to the other Party at that time, including a calculation of the amount of any LDs payable in respect of the prior month; and (D) a certification by a senior officer of the Seller that all Delivered Energy in the month is Clean Energy. (iiiii) The Seller will, by the 15th day of each month during the Energy Delivery Period after COD (beginning in the third second full month of the Energy Delivery Periodafter COD), deliver to the Buyer a statement, for the month that precedes the preceding month, in respect of Deemed Energy. The statement will be in such form, supported in an electronic format, as the Buyer may require from time to time, and must indicate, among other things:‌ (A) the amount of Deemed Energy in the month prior to the preceding month, and any associated avoided or avoidable costs pursuant to section 5.8 7.10 that have been approved in advance by the Buyer; (B) the price and aggregate amount payable for all Deemed Energy described in the statement pursuant to section 6.28.3, applicable. (iiiiv) Any statement delivered under this section 6.4(a8.6(a) must set out in reasonable detail the manner by which the statement and the amounts shown thereon were computed, and be accompanied by sufficient data, including the use of e-e- meter data and any computational and invoicing models to support the statement details, which indicate (among other things) the amount of Deemed Energy in each hour of the month, to enable the Buyer, acting reasonably, to satisfy itself as to the accuracy of the statement. (ivv) Either Party may give notice to the other Party of an error, omission or disputed amount on a statement within 36 months after the statement was first issued together with reasonable detail to support its claim. After expiry of that 36 month period, except in the case of willful misstatement, fraud or concealment, amounts on a previously issued statement will be considered accurate and amounts which were omitted will be considered to be nil, other than amounts disputed in accordance with this section within the 36 month period, which will be resolved in accordance with this EPA.‌ (vvi) If the Buyer gives notice to the Seller of an error, omission or disputed amount on a statement as described in section 6.4(a)(iv8.6(a)(v), the Buyer may direct the Seller to promptly produce new statements for the relevant month(s). The new statements will show the undisputed amount and disputed amount each in a separate statement or will otherwise separate the amounts in a single statement in a manner acceptable to the Buyer.‌ (vii) For greater certainty, the Seller will not be entitled to issue any statement for amounts described in this EPA other than in accordance with the timelines set in this section 8.6 for the relevant amounts, and the Buyer will have no obligation to pay the Seller any amounts for Test Energy, Delivered Energy or Deemed Energy unless the relevant amount of Test Energy, Delivered Energy or Deemed‌ Energy was included in the statement required for the applicable month as specified in this section 8.6. (b) Payment (i) Within 30 days after receipt of a statement delivered under section 8.6(a), and subject to sections 8.10 and 8.11, the Buyer will pay to the Seller the amount set out in the statement, except to the extent the Buyer in good faith disputes all or part of the statement by notice to the Seller as described in section 8.6(a)(v).‌ (ii) If the Buyer disputes any portion of a statement, the Buyer must pay the undisputed net amount payable by the Buyer pursuant to the statement or, if applicable, the new statement of the undisputed amount described in section 8.6(a)(vi), in each case in accordance with section 8.6(b)(i). (iii) The Parties will endeavor to resolve any error, omission or disputed amount on a statement within 30 days of the notice described in section 8.6(a)(v). (iv) Any amount required to be paid in accordance with this EPA, but not paid by either Party when due, will accrue interest at an annual rate equal to the Prime Rate plus 2%, compounded monthly. Any disputed amount that is found to be payable will be deemed to have been due within 30 days after the date of receipt of the statement which included or should have included the disputed amount.‌