Common use of Testing and Correction Clause in Contracts

Testing and Correction. The accuracy of Buyer's meter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s) upon reasonable notice, provided such testing shall not exceed one test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's accuracy or condition, it shall so advise the meter's owner in writing. The meter's owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-percent variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be in error by an amount greater than a one-percent variance, such meter shall be replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.

Testing and Correction. The accuracy of Buyer's meter(sMeter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s) upon reasonable notice, provided such testing shall not exceed one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's accuracy or condition, it shall so advise the meter's owner in writing. The meter's owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-one percent (1 %) variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the such cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-one percent (1 %) variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be in error by an amount greater than a one-one percent (1 %) variance, such meter shall be repaired or replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.27.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.27.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d8.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.

Testing and Correction. The accuracy of Buyer's meter(sMeter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s) upon reasonable notice, provided such testing shall not exceed one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's accuracy or condition, it shall so advise the meter's owner in writing. The meter's owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-one percent (1%) variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-one percent (1 %) variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be in error by an amount greater than a one-one percent (1 %) variance, such meter shall be repaired or replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.27.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.27.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d8.l(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.

Testing and Correction. The accuracy of Buyer's meter(s’s Meter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s’s Meter(s) upon reasonable notice, provided such testing shall not exceed one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters Seller’s Meter(s) in accordance with Section 8.1 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's ’s accuracy or condition, it shall so advise the meter's ’s owner in writing. The meter's ’s owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's ’s accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter.. ELECTRONICALLY FILED - 2019 September 20 5:06 PM - SCPSC - Docket # 2019-184-E - Page 31 of 66 (b) Should the meter be found to be registering within a one-one percent (1%) variance, the Party contesting the meter's ’s accuracy shall bear the cost of inspection; otherwise, the such cost shall be borne by the meter's ’s owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-one percent (1%) variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's ’s report. If, upon testing, any meter is found to be in error by an amount greater than a one-one percent (1%) variance, such meter shall be repaired or replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.27.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.27.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d8.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.

Testing and Correction. The accuracy of Buyer's meter(s’s Meter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s’s Meter(s) upon reasonable notice, provided such testing shall not exceed one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters Seller’s Meter(s) in accordance with Section 8.1 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's ’s accuracy or condition, it shall so advise the meter's ’s owner in writing. The meter's ’s owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's ’s accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-one percent (1%) variance, the Party contesting the meter's ’s accuracy shall bear the cost of inspection; otherwise, the such cost shall be borne by the meter's ’s owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-one percent (1%) variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's ’s report. If, upon testing, any meter is found to be in error by an amount greater than a one-one percent (1%) variance, such meter shall be repaired or replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.27.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.27.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d8.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.

Testing and Correction. The accuracy of Buyer's meter(s) each Project Meter shall be tested and verified by Buyer annuallyas provided in the Interconnection Agreement and the cost of test shall be a Necessary Expense. Buyer MGE and NIW II shall have the rightright to access, with reasonable notice to the other and at its own expensereasonable times, to the other party's low side meters in order to test and verify the Seller's meter(s) upon reasonable notice, provided accuracy of such testing meters' measurements and recordings. Such inspections and verifications shall not exceed one test during a Calendar Year, or more frequently if there is just causebe at the sole expense of the party making the inspection. If Seller any party or power purchaser entitled to do so under its power purchase agreement has installed a check meters in accordance with Section 8.1 hereof, Seller meter the party or power purchaser shall test and verify each such meters annuallymeter shall be accurate within a one percent (1%) variance in accordance with commonly accepted meter testing procedures. Each Party party to this Agreement and power purchaser entitled to do so under its power purchase agreement shall have the right to be present when any other party is performing any maintenance and testing on the meters provided it has given the other party reasonable notice of its desire to be present. Each party shall bear the cost of the annual testing of its own meters. (a) . If either Party party disputes a meter's accuracy or condition, it shall so advise the meter's owner of the meter in writing. The meter's owner of the meter shall, within fifteen (15) days after receiving such notice, advise the other Party disputing party in writing as to its position concerning the meter's accuracy and reasons for taking such position. If the Parties parties are unable to resolve their disagreement through reasonable negotiations, then either Party party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties parties to test the meter. (b) Should . If the tested meter be is found to be registering within the permitted variance indicated in the Interconnection Agreement, and a one-low side meter is found to be registering within the permitted one percent (1%) variance, the Party contesting the meter's accuracy disputing party shall bear the cost of inspection; otherwise, the cost shall be borne by the owner of the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the owner's expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be accurate or to be in error by not more than the permitted 1% variance, previous recordings of such meter shall be considered accurate in computing deliveries hereunder, but if in error, such meter shall be promptly adjusted to record correctly. If, upon testing, any meter shall be found to be in error by an amount greater than a one-percent exceeding the permitted 1% variance, then such meter shall be replaced promptly, promptly adjusted to record properly and any previous recordings by such meter shall be adjusted in accordance with Section 8.25.3 hereof. If, upon testing, any prior meter is found to be in error by more than the permitted variance indicated in the Interconnection Agreement, the payments made for Net Energy and/or invoices for payments not yet made energy shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.25.3. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party The party paying such difference shall also pay interest as described in Section 9.1(d) for late payments at the prime rate and such payment (including such interest) shall be made within ten thirty (1030) days of receipt of a corrected billing statement.. -

Testing and Correction. The accuracy of Buyer's meter(s) Seller’s metering equipment shall be tested and verified by Buyer Seller annually. Buyer and Seller shall each have the right, at its own expense, to test and verify the Seller's meter(s) other’s meters upon reasonable notice, provided such testing shall not exceed one test of the meter(s) during a Calendar Yearcalendar year, or more frequently if there is just cause. If Seller Buyer has installed check meters in accordance with Section 8.1 3.1 hereof, Seller Buyer shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. . Each meter shall be accurate within a one-percent (a1%) variance. If either Party disputes a meter's ’s accuracy or condition, it shall so advise the meter's ’s owner in writing. The meter's ’s owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's ’s accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) . Should the meter be found to be registering within a the permitted one-percent (1%) variance, the Party contesting the meter's ’s accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's ’s owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-percent variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's ’s report. If, upon testing, any meter is found to be in error by an amount greater than a exceeding the permitted one-percent (1%) variance, such meter shall be replaced promptlypromptly adjusted to record properly, any previous recordings by such meter shall be adjusted in accordance with Section 8.23.2, and any prior payments made for Capacity and Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.23.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d3.5(iii) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.

Testing and Correction. The Upon Buyer’s reasonable request, Seller shall inspect and test the Metering Device for accuracy of (with such inspection and testing at Buyer's meter(s’s sole expense if requested more than once within a twelve (12) shall be tested month period). Each Party and verified by Buyer annually. Buyer its consultants and Representatives shall have the right, at its own expense, right to witness each test and of the Metering Device to verify the Seller's meter(saccuracy of its measurements and recordings. Seller shall provide at least five (5) days’ prior written notice to Buyer of the date upon reasonable noticewhich any such test is to occur. Seller shall prepare a written report setting forth the results of each such test, provided and shall provide Buyer with copies of such testing shall written report not exceed one test during a Calendar Year, or more frequently if there is just causelater than ten (10) days after completion of such test. If Seller has installed check meters in accordance with Subject to Section 8.1 hereof7.3(b) below, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) the Metering Device and the preparation of the Metering Device test reports. The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: If either Party disputes a meter's the accuracy or conditioncondition of the Metering Device, it such Party shall so advise the meter's owner other Party in writing. The meter's owner Party receiving such notice shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's accuracy of such Metering Device and state reasons for taking such position. If the Parties are unable to resolve their disagreement the dispute through reasonable negotiations, then either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to cause the Parties Third Party Monitor to test the meter. (b) Should Meter. If the meter be found to be registering within a one-percent variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter Metering Device is found to be in error inaccurate by an amount greater not more than a one-two percent variance, such meter shall be replaced promptly(2%), any previous recordings by such meter of the Metering Device shall be adjusted in accordance with Section 8.27.2(b)(i) and the party claiming such inaccuracy shall bear the cost of inspection and testing of the Metering Device. If the Metering Device is found to be inaccurate by more than two percent (2%) or if such Metering Device is for any reason out of service or fails to register, then (A) Seller shall promptly cause any prior payments made for Net Energy and/or invoices for payments not yet made shall Metering Device found to be inaccurate to be adjusted to reflect correct, to the corrected measurements determined pursuant extent practicable, such inaccuracy, (B) the Parties shall estimate the correct amounts of Energy delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 8.27.2, and (C) Seller shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the difference quantity of the payments actually made by Buyer minus the payment based upon the corrected measurements Energy output for any period is a positive numberdecreased, Seller shall pay reimburse Buyer within thirty (30) days for the difference to Buyer; if amount paid by Buyer in consideration for the difference decrease. If as a result of such adjustment the quantity of Energy output for any period is a negative numberincreased, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d) for late payments and such payment Seller within thirty (including such interest) shall be made within ten (1030) days for the additional quantity of receipt of a corrected billing statementEnergy at the Energy Payment Rate applicable during the applicable period.

Testing and Correction. The accuracy of Buyer's meter(sMeter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s) upon reasonable notice, provided such testing shall not exceed _one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's accuracy or condition, it shall so advise the meter's owner in writing. The meter's owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-one percent (1%) variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-one percent (1 %) variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be in error by an amount greater than a one-one percent (1 %) variance, such meter shall be repaired or replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.27.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.27.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d8.l(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt ofreceipt of a corrected billing statement.

Testing and Correction. The accuracy of Buyer's meter(sMeter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(smeter( s) upon reasonable notice, provided such testing shall not exceed one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's accuracy or condition, it shall so advise the meter's owner in writing. The meter's owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-one percent (1 %) variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-one percent (1 %) variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be in error by an amount greater than a one-one percent (1 %) variance, such meter shall be repaired or replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.27.2, any prior payments made for Net Energy and/or and/ or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement7.

Testing and Correction. The (a) Upon Buyer’s reasonable request, Seller shall inspect and test the Metering Device for accuracy of (with such inspection and testing at Buyer's meter(s’s sole expense if requested more than once within a twelve (12) shall be tested month period). Each Party and verified by Buyer annually. Buyer its consultants and Representatives shall have the right, at its own expense, right to witness each test and of the Metering Device to verify the Seller's meter(saccuracy of its measurements and recordings. Seller shall provide at least five (5) daysdays’ prior written notice to Buyer of the date upon reasonable noticewhich any such test is to occur. Seller shall prepare a written report setting forth the results of each such test, provided and shall provide Buyer with copies of such testing shall written report not exceed one test during a Calendar Year, or more frequently if there is just causelater than ten (10) days after completion of such test. If Seller has installed check meters in accordance with Subject to Section 8.1 hereof7.3(b) below, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own metersthe Metering Device and the preparation of the Metering Device test reports. (ab) The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: (i) If either Party disputes a meter's the accuracy or conditioncondition of the Metering Device, it such Party shall so advise the meter's owner other Party in writing. . (ii) Seller The meter's owner Party receiving such notice shall, within fifteen (15) days after receiving such noticenotice from Buyer or Buyer shall, within such time after having received such notice from Seller, advise the other Party in writing as to its position concerning the meter's accuracy of such Metering Device and state reasons for taking such position. . (iii) If the Parties are unable to resolve their disagreement the dispute through reasonable negotiations, then either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to cause the Parties Third Party Monitor to test the meterMeter. (biv) Should If the meter be found to be registering within a one-percent variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter Metering Device is found to be in error inaccurate by an amount greater not more than a one-two percent variance, such meter shall be replaced promptly(2%), any previous recordings by such meter of the Metering Device shall be adjusted in accordance with Section 8.27.2(b)(i) and the party claiming such inaccuracy 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 two percent (2%) or if such Metering Device is for any reason out of service or fails to register, then (A) Seller shall promptly cause any prior payments made for Net Energy and/or invoices for payments not yet made shall Metering Device found to be inaccurate to be adjusted to reflect correct, to the corrected measurements determined pursuant extent practicable, such inaccuracy, (B) the Parties shall estimate the correct amounts of Energy delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 8.27.2, and (C) Seller shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the difference quantity of the payments actually made by Buyer minus the payment based upon the corrected measurements Energy output for any period is a positive numberdecreased, Seller shall pay reimburse Buyer within thirty (30) days for the difference to Buyer; if amount paid by Buyer in consideration for the difference decrease. If as a result of such adjustment the quantity of Energy output for any period is a negative numberincreased, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d) for late payments and such payment Seller within thirty (including such interest) shall be made within ten (1030) days for the additional quantity of receipt of a corrected billing statementEnergy at the Energy Payment Rate applicable during the applicable period.

Testing and Correction. The following steps shall be taken to resolve any disputes regarding the accuracy of Buyer's meter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s) upon reasonable notice, provided such testing shall not exceed one test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters.Meter: (ai) If either Party disputes a meter's the accuracy or conditioncondition of the Meter, it such Party shall so advise the meter's owner other Party in writing. . (ii) The meter's owner non-disputing Party shall, within fifteen (15) days Business Days after receiving such noticenotice from the disputing Party, advise the other non-disputing Party in writing as to its the disputing position concerning the meter's accuracy of the Meter and the non-disputing Party’s reasons for taking such position. . (iii) If the Parties are unable to resolve their disagreement the dispute through reasonable negotiations, then either Party may submit such dispute to cause an unaffiliated third-independent third party engineering company mutually acceptable to the Parties to test the meterMeter. (biv) Should If the meter be Meter is found to be registering within a one-percent varianceinaccurate by not more than 2%, any previous recordings of the Meter shall be deemed accurate, and the Party contesting disputing the meter's accuracy or condition of the Meter shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the expense inspection and testing of the owner of that meter as soon as practicable, based on Meter. If the third-party engineer's report. If, upon testing, any meter Meter is found to be in error inaccurate by an amount greater more than a one-percent variance2% or if such Meter is for any reason out of service or fails to register, then (x) Seller shall promptly cause any such meter shall Meter found to be replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall inaccurate to be adjusted to reflect correct, to the corrected measurements determined pursuant extent practicable, such inaccuracy, (y) the Parties shall estimate the correct amounts of Energy delivered for a period including the month in which the test occurs and all months extending back to Section 8.2. If and including the month including the mid-point of the period between the current meter test and the last test date on which the Meter was found to be accurate within the allowed range and Seller shall either invoice or credit Buyer for the difference between the amounts previously paid and the amounts that would have been paid based on the correct amounts of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive numberEnergy delivered, and (z) Seller shall pay bear the difference to Buyer; if cost of inspecting and correcting the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statementMeter.

Testing and Correction. The following steps shall be taken to resolve any disputes regarding the accuracy of Buyer's meter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s) upon reasonable notice, provided such testing shall not exceed one test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) Meter: If either Party disputes a meter's the accuracy or conditioncondition of the Meter, it such Party shall so advise the meter's owner other Party in writing. The meter's owner Power Provider shall, within fifteen (15) days Business Days after receiving such noticenotice from Host Customer or issuing such notice to Host Customer, advise the other Party Host Customer in writing as to its Power Provider’s position concerning the meter's accuracy of such Meter and Power Provider’s reasons for taking such position. If the Parties are unable to resolve their disagreement the dispute through reasonable negotiations, either then Power Provider may cause a Third Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties Monitor to test the meter. (b) Should Meter. If the meter be Meter is found to be registering within a one-percent varianceinaccurate by not more than 2%, any previous recordings of the Meter shall be deemed accurate, and the Party contesting disputing the meter's accuracy or condition of the Meter shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the expense inspection and testing of the owner of that meter as soon as practicable, based on Meter. If the third-party engineer's report. If, upon testing, any meter Meter is found to be in error inaccurate by an amount greater more than a one-percent variance2% or if such Meter is for any reason out of service or fails to register, such meter then (a) Power Provider shall promptly cause any Meter found to be replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall inaccurate to be adjusted to reflect correct, to the corrected measurements determined pursuant extent practicable, such inaccuracy, and (b) the Parties shall estimate the correct amounts of Energy delivered for no more than the preceding six (6) months and Power Provider shall either invoice or credit Host Customer for the correct amounts of Energy delivered. Host Customer shall comply with any and all applicable environmental laws, including but not limited to, the California Environmental Quality Act, and shall retain the services of qualified consultants to Section 8.2provide all required research and documentation required for such compliance. If Host Customer shall be responsible for the difference costs of environmental compliance. Either Party, following the completion of such initial study, may terminate this Agreement by written notice to the other Party should environmental compliance measures or unforeseen site conditions render the Project economically disadvantageous for the terminating Party or the time required to implement any environmental compliance measures or remediation exceed the Party’s reasonable expectations. Nothing set forth herein shall be interpreted to require either Party to undertake environmental remediation at the Premises if mandated by law, regulation or as a condition of regulatory approval prior to the construction of the payments actually made by Buyer minus System. Host Customer is the payment based upon lead agency through its Council for the corrected measurements is a positive number, Seller shall pay purposes of filing any and all required documents and obtaining the difference to Buyerrelevant approvals; if the difference is a negative number, Buyer shall pay the difference to Seller. In either in which case, the Party paying such difference Host Customer shall also pay interest bear its own costs incurred as described in Section 9.1(d) the lead agency and for late payments and such payment (including such interest) shall be made within ten (10) days review of receipt of a corrected billing statementenvironmental compliance.

Testing and Correction. The accuracy of Buyer's meter(s’s Meter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s’s Meter(s) upon reasonable notice, provided such testing shall not exceed one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters Seller’s Meter(s) in accordance with Section 8.1 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's ’s accuracy or condition, it shall so advise the meter's ’s owner in writing. The meter's ’s owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's ’s accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an ELECTRONICALLY FILED - 2021 June 7 6:26 PM - SCPSC - Docket # 2021-88-E - Page 32 of 150 unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-one percent (1%) variance, the Party contesting the meter's ’s accuracy shall bear the cost of inspection; otherwise, the such cost shall be borne by the meter's ’s owner. Any repair or replacement of such a meter found to be operating beyond the permitted one-one percent (1%) variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's ’s report. If, upon testing, any meter is found to be in error by an amount greater than a one-one percent (1%) variance, such meter shall be repaired or replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.27.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.27.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d8.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.

Testing and Correction. The (a) Upon Buyer’s reasonable request, Seller shall inspect and test the Metering Device for accuracy of (with such inspection and testing at Buyer's meter(s’s sole expense if requested more than once within a twelve (12) shall be tested month period). Each Party and verified by Buyer annually. Buyer its consultants and Representatives shall have the right, at its own expense, right to witness each test and of the Metering Device to verify the Seller's meter(saccuracy of its measurements and recordings. Seller shall provide at least five (5) days prior written notice to Buyer of the date upon reasonable noticewhich any such test is to occur. Seller shall prepare a written report setting forth the results of each such test, provided and shall provide Buyer with copies of such testing shall written report not exceed one test during a Calendar Year, or more frequently if there is just causelater than ten (10) days after completion of such test. If Seller has installed check meters in accordance with Subject to Section 8.1 hereof7.3(b) below, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own metersthe Metering Device and the preparation of the Metering Device test reports. (ab) The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: (i) If either Party disputes a meter's the accuracy or conditioncondition of the Metering Device, it such Party shall so advise the meter's owner other Party in writing. The meter's owner . (ii) Seller shall, within fifteen (15) days after receiving such noticenotice from Buyer or Buyer shall, within such time after having received such notice from Seller, advise the other Party in writing as to its position concerning the meter's accuracy of such Metering Device and state reasons for taking such position. . (iii) If the Parties are unable to resolve their disagreement the dispute through reasonable negotiations, then either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to cause the Parties Third Party Monitor to test the meterMeter. (biv) Should If the meter be found to be registering within a one-percent variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter Metering Device is found to be in error inaccurate by an amount greater not more than a one-two percent variance, such meter shall be replaced promptly(2%), any previous recordings by such meter of the Metering Device shall be adjusted in accordance with Section 8.27.2(b)(i) and the party claiming such inaccuracy 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 two percent (2%) or if such Metering Device is for any reason out of service or fails to register, then (A) Seller shall promptly cause any prior payments made for Net Energy and/or invoices for payments not yet made shall Metering Device found to be inaccurate to be adjusted to reflect correct, to the corrected measurements determined pursuant extent practicable, such inaccuracy, (B) the Parties shall estimate the correct amounts of Energy delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 8.27.2, and (C) Seller shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the difference quantity of the payments actually made by Buyer minus the payment based upon the corrected measurements Energy output for any period is a positive numberdecreased, Seller shall pay reimburse Buyer within thirty (30) days for the difference to Buyer; if amount paid by Buyer in consideration for the difference decrease. If as a result of such adjustment the quantity of Energy output for any period is a negative numberincreased, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d) for late payments and such payment Seller within thirty (including such interest) shall be made within ten (1030) days for the additional quantity of receipt of a corrected billing statementEnergy at the Energy Payment Rate applicable during the applicable period.