Testing and Correction. Upon Buyer’s reasonable request, Seller shall inspect and test the Metering Device for accuracy (with such inspection and testing at Buyer’s sole expense if requested more than once within a twelve (12) month period). Each Party and its consultants and Representatives shall have the right to witness each test of the Metering Device to verify the accuracy of its measurements and recordings. Seller shall provide at least five (5) days’ prior written notice to Buyer of the date upon which any such test is to occur. Seller shall prepare a written report setting forth the results of each such test, and shall provide Buyer with copies of such written report not later than ten (10) days after completion of such test. Subject to Section 7.3(b) below, Seller shall bear the cost of the testing of 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 the accuracy or condition of the Metering Device, such Party shall so advise the other Party in writing. The 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 accuracy of such Metering Device and state reasons for taking such position. If the Parties are unable to resolve the dispute through reasonable negotiations, then either Party may cause the Third Party Monitor to test the Meter. If the Metering Device is found to be inaccurate by not more than two percent (2%), any previous recordings of the Metering Device shall be adjusted in accordance with Section 7.2(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 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 Energy delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 7.2, and (C) Seller shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the quantity of Energy output for any period is decreased, Seller shall reimburse Buyer within thirty (30) days for the amount paid by Buyer in consideration for the decrease. If as a result of such adjustment the quantity of Energy output for any period is increased, Buyer shall pay Seller within thirty (30) days for the additional quantity of Energy at the Energy Payment Rate applicable during the applicable period.
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Testing and Correction. Upon Buyer’s reasonable request, Seller shall inspect and test the Metering Device for accuracy (with such inspection and testing at Buyer’s sole expense if requested more than once within a twelve (12) month period). Each Party and its consultants and Representatives shall have the right to witness each test of the Metering Device to verify the accuracy of its measurements and recordings. Seller shall provide at least five (5) days’ prior written notice to Buyer of the date upon which any such test is to occur. Seller shall prepare a written report setting forth the results of each such test, and shall provide Buyer with copies of such written report not later than ten (10) days after completion of such test. Subject to Section 7.3(b) below, Seller shall bear the cost of the testing of 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 DeviceMeter: If either Party disputes the accuracy or condition of the Metering DeviceMeter, such Party shall so advise the other Party in writing. The Party receiving such notice 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 accuracy of such Metering Device Meter and state Power Provider’s reasons for taking such position. If the Parties are unable to resolve the dispute through reasonable negotiations, then either Party Power Provider may cause the a Third Party Monitor to test the Meter. If the Metering Device Meter is found to be inaccurate by not more than two percent (2%), any previous recordings of the Metering Device Meter shall be adjusted in accordance with Section 7.2(b)(i) deemed accurate, and the party claiming such inaccuracy Party disputing the accuracy or condition of the Meter shall bear the cost of inspection and testing of the Metering DeviceMeter. If the Metering Device Meter is found to be inaccurate by more than two percent (2%) % or if such Metering Device Meter is for any reason out of service or fails to register, then (Aa) Seller Power Provider shall promptly cause any Metering Device Meter found to be inaccurate to be adjusted to correct, to the extent practicable, such inaccuracy, and (Bb) the Parties shall estimate the correct amounts of Energy delivered during for no more than the periods affected by such inaccuracypreceding six (6) months and Power Provider shall either invoice or credit Host Customer for the correct amounts of Energy delivered. ENVIRONMENTAL COMPLIANCE Host Customer shall comply with any and all applicable environmental laws, service outage or failure to register as provided in Section 7.2including but not limited to, the California Environmental Quality Act, and (C) Seller shall retain the services of qualified consultants to provide all required research and documentation required for such compliance. Host Customer shall be responsible for the 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 System. Host Customer is the lead agency through its Council for the purposes of filing any and all required documents and obtaining the relevant approvals; in which case, the Host Customer shall bear its own costs incurred as the cost lead agency and for review of inspection and testing of the Metering Device. If as a result of such adjustment the quantity of Energy output for any period is decreased, Seller shall reimburse Buyer within thirty (30) days for the amount paid by Buyer in consideration for the decrease. If as a result of such adjustment the quantity of Energy output for any period is increased, Buyer shall pay Seller within thirty (30) days for the additional quantity of Energy at the Energy Payment Rate applicable during the applicable periodenvironmental compliance.
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Samples: Power Purchase Agreement
Testing and Correction. Upon BuyerThe accuracy of Seller’s reasonable request, metering equipment shall be tested and verified by Seller annually. Buyer and Seller shall inspect each have the right, at its own expense, to test and verify the other’s meters upon reasonable notice, provided such testing shall not exceed one test of the Metering Device for accuracy (meter(s) during a calendar year, or more frequently if there is just cause. If Buyer has installed check meters in accordance with Section 3.1 hereof, Buyer shall test and verify such inspection and testing at Buyer’s sole expense if requested more than once within a twelve (12) month period)meters annually. Each Party and its consultants and Representatives shall have the right to witness each test of the Metering Device to verify the accuracy of its measurements and recordings. Seller shall provide at least five (5) days’ prior written notice to Buyer of the date upon which any such test is to occur. Seller shall prepare a written report setting forth the results of each such test, and shall provide Buyer with copies of such written report not later than ten (10) days after completion of such test. Subject to Section 7.3(b) below, Seller shall bear the cost of the annual testing of the Metering Device and the preparation of the Metering Device test reportsits own meters. The following steps Each meter shall be taken to resolve any disputes regarding the accuracy of the Metering Device: accurate within a one-percent (1%) variance. If either Party disputes the a meter’s accuracy or condition of the Metering Devicecondition, such Party it shall so advise the other Party meter’s owner in writing. The Party receiving such notice 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 of such Metering Device and state reasons for taking such position. If the Parties are unable to resolve the dispute their disagreement through reasonable negotiations, then either Party may cause submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Third Party Monitor Parties to test the Metermeter. If Should the Metering Device meter be found to be registering within the permitted 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 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 inaccurate in error by not more than two an amount exceeding the permitted one-percent (21%)) variance, such meter shall be promptly adjusted to record properly, any previous recordings of the Metering Device by such meter shall be adjusted in accordance with Section 7.2(b)(i) 3.2, and any prior payments made for Capacity and Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the party claiming such inaccuracy shall bear the cost of inspection and testing of the Metering Devicecorrected measurements determined pursuant to Section 3.2. 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 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 Energy delivered during the periods affected by such inaccuracy, service outage or failure to register as provided in Section 7.2, and (C) Seller shall bear the cost of inspection and testing difference of the Metering Device. If as payments actually made by Buyer minus the payment based upon the corrected measurements is a result of such adjustment the quantity of Energy output for any period is decreasedpositive number, Seller shall reimburse Buyer within thirty (30) days for pay the amount paid by Buyer in consideration for difference to Buyer; if the decrease. If as difference is a result of such adjustment the quantity of Energy output for any period is increasednegative number, Buyer shall pay Seller the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 3.5(iii) for late payments and such payment (including such interest) shall be made within thirty ten (3010) days for the additional quantity of Energy at the Energy Payment Rate applicable during the applicable periodreceipt of a corrected billing statement.
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Samples: Renewable Power Purchase Agreement
Testing and Correction. Upon Buyer’s reasonable request, Seller The accuracy of each Project Meter shall inspect be tested and verified as provided in the Interconnection Agreement and the cost of test the Metering Device for accuracy (with such inspection shall be a Necessary Expense. MGE and testing at Buyer’s sole expense if requested more than once within a twelve (12) month period). Each Party and its consultants and Representatives NIW II shall have the right to witness each access, with reasonable notice to the other and at reasonable times, to the other party's low side meters in order to test of the Metering Device to and verify the accuracy of its such meters' measurements and recordings. Seller Such inspections and verifications shall provide be at least five (5) days’ prior written notice to Buyer the sole expense of the date upon which party making the inspection. If any such party or power purchaser entitled to do so under its power purchase agreement has installed a check meter the party or power purchaser shall test is to occur. Seller shall prepare a written report setting forth the results of and verify each such test, meter shall be accurate within a one percent (1%) variance in accordance with commonly accepted meter testing procedures. Each party to this Agreement and power purchaser entitled to do so under its power purchase agreement shall provide Buyer with copies 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 such written report not later than ten (10) days after completion of such testits desire to be present. Subject to Section 7.3(b) below, Seller Each party shall bear the cost of the testing of the Metering Device and the preparation of the Metering Device test reportsits own meters. The following steps shall be taken to resolve any disputes regarding the accuracy of the Metering Device: If either Party party disputes the a meter's accuracy or condition of the Metering Devicecondition, such Party it shall so advise the other Party owner of the meter in writing. The Party receiving such notice 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 of such Metering Device and state reasons for taking such position. If the Parties parties are unable to resolve the dispute their disagreement through reasonable negotiations, then either Party party may cause submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Third Party Monitor parties to test the Metermeter. If the Metering Device tested meter is found to be inaccurate registering within the permitted variance indicated in the Interconnection Agreement, and a low side meter is found to be registering within the permitted one percent (1%) variance, the disputing party shall bear the cost of inspection; otherwise, the cost shall be borne by the owner of the meter. Any repair or replacement shall be made at the owner's expense 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 two percent (2%)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 exceeding the permitted 1% variance, then such meter shall be promptly adjusted to record properly and any previous recordings of the Metering Device by such meter shall be adjusted in accordance with Section 7.2(b)(i) and the party claiming such inaccuracy shall bear the cost of inspection and testing of the Metering Device5.3 hereof. If the Metering Device If, upon testing, any meter is found to be inaccurate in error by more than two percent (2%) or if such Metering Device is the permitted variance indicated in the Interconnection Agreement, the payments for any reason out of service or fails to register, then (A) Seller energy shall promptly cause any Metering Device found to be inaccurate to be adjusted to correct, reflect the corrected measurements determined pursuant to Section 5.3. The party paying such difference shall also pay interest at the extent practicable, prime rate and such inaccuracy, payment (Bincluding such interest) 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 7.2, and (C) Seller shall bear the cost of inspection and testing of the Metering Device. If as a result of such adjustment the quantity of Energy output for any period is decreased, Seller shall reimburse Buyer be made within thirty (30) days for the amount paid by Buyer in consideration for the decreaseof receipt of a corrected billing statement. If as a result of such adjustment the quantity of Energy output for any period is increased, Buyer shall pay Seller within thirty (30) days for the additional quantity of Energy at the Energy Payment Rate applicable during the applicable period.-
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