Tracking Account. If the Access Charge rate methodology implemented pursuant to Section 7.1.6 results in Access Charge rates for any Participating TO which are different from those in effect prior to the application of Section 7.1.6, an amount equal to the difference between the new rates and the prior rates shall be FERC ELECTRIC TARIFF ORIGINAL VOLUME NO. I Original Sheet No. 166 recorded in a tracking account. The balance of that tracking account will be recovered from customers and paid to the appropriate Participating TO after termination of the cost recovery plan set forth in Section 368 of California Public Utilities Code (as added by AB 1890). The recovery and payments shall be based on an amortization period not exceeding three years in the case of electric corporations regulated by the CPUC or five years for Local Publicly Owned Electric Utilities.
Tracking Account a. The Parties shall record all Changes paid by PREPA according to Section 17.1 (Resource Provider Requirements) in an unfunded tracking account maintained by PREPA (the “Tracking Account”). Resource Provider shall have the right, upon reasonable notice and during business hours, to audit PREPA’s records reflecting the balance in the Tracking Account and to identify and object to any error in such calculations. If the Parties cannot agree on an adjustment to the balance in the Tracking Account within thirty (30) Days of PREPA’s receipt of Resource Provider’s objection, then a Party may refer such matter to dispute resolution by either Party pursuant to Section 21.11 (Dispute Resolution).
Tracking Account. If the Access Charge rate methodology implemented pursuant to Section 7.1.6 results in Access Charge rates for any Participating TO which are different from those in effect prior to the application of Section 7.1.6, an amount equal to the difference between the new rates and the prior rates shall be recorded in a tracking account. The balance of that tracking account will be recovered from customers and paid to the appropriate Participating TO after termination of the cost recovery plan set forth in Section 368 of California Public Utilities Code (as added by AB 1890). The recovery and payments shall be based on an amortization period not exceeding three years in the case of electric corporations regulated by the CPUC or five years for Local Publicly Owned Electric Utilities.
Tracking Account. A notional account and not a physical deposit account (the “Tracking Account”) will be maintained by the Calculation Agent and used for the purposes set forth below. A positive Tracking Account balance indicates that amounts in the Tracking Account are owed by Party A to Noble. A negative Tracking Account balance indicates that amounts (in absolute value terms) in the Tracking Account are owed by Noble to Party A. Either Party may, in its sole discretion, make payments to the other Party in excess of those required herein for the purpose of adjusting the Tracking Account. Such payments shall, on a dollar-for-dollar basis, decrease (if payment is made by Party A to Noble), or increase (if payment is made by Noble to Party A), the Tracking Account balance immediately upon either Party’s receipt of such payment. The Calculation Agent shall maintain and make all calculations and adjustments relating to the notional value of the Tracking Account balance. Early COD: If COD occurs more than one month prior to the Effective Date set forth above, then at the request of Party B, Party A shall enter into an amendment to this Confirmation drafted by Party A and otherwise reasonably satisfactory to Party A to change the Effective Date to the first day of the month following the month during which COD occurs with the fixed price for the added Calculation Period(s) to be reflective of market at the time of the amendment, as mutually agreed between the Parties.
Tracking Account. A notional account and not a physical deposit account (the “Tracking Account”) will be maintained by the Calculation Agent and used for the purposes set forth below. A positive Tracking Account balance indicates that amounts in the Tracking Account are owed by CSEL to Noble. A negative Tracking Account balance indicates that amounts (in absolute value terms) in the Tracking Account are owed by Noble to CSEL. Either Party may, in its sole discretion, make payments to the other Party in excess of those required herein. Such payments shall, on a dollar-for-dollar basis, decrease (if payment is made by CSEL to Noble), or increase (if payment is made by Noble to CSEL), the Tracking Account balance immediately upon either Party’s receipt of such payment. The Calculation Agent shall maintain and make all calculations and adjustments relating to the notional value of the Tracking Account balance. Delay in COD:
Tracking Account. (a) A tracking account (the "TRACKING ACCOUNT") shall be maintained by Seller to track, for each Dedicated Unit for each Day: (i) the actual amount of Fuel required to produce the Net Electrical Output when such Dedicated Unit is Dispatched at or above Minimum Load and delivered by Seller for that Day and (ii) the amount of Fuel expected to be required to produce the Net Electrical Output when such Dedicated Unit is Dispatched at or above Minimum Load and delivered by Seller for that Day based on the Guaranteed Heat Rate. If the actual amount of Fuel required to produce such Net Electrical Output for such Day varies from the expected amount of Fuel required to produce such Net Electrical Output based on the Guaranteed Heat Rate (using the Guaranteed Heat Rate value associated with the Dispatch level), then a balance shall accrue in the Tracking Account for such Day in the following manner:
Tracking Account. (a) Seller shall maintain an account (the "TRACKING ACCOUNT"), as provided in this Section 4.4. As of the Effective Date, the balance of the Tracking Account shall be an amount equal to the sum of (i) four hundred and eight million, seven hundred and fifty-nine thousand, nine hundred and sixteen dollars and seventy-one cents ($408,759,916.71) (which represents the agreed balance of the Tracking Account as of May 31, 2001) and (ii) the net change in the Tracking Account for the period from and including June 1, 2001 and ending on the Effective Date, determined pursuant to Section 4.4 of the Agreement as it existed immediately prior to the Tenth Amendment. Within thirty (30) days after the Effective Date, Seller shall provide Buyer with Seller's calculation of the Effective Date balance of the Tracking Account, together with supporting documentation therefor. If Buyer and Seller are unable to agree on the Effective Date balance of the Tracking Account within twenty (20) days of receipt by Buyer of Seller's calculation, the Effective Date balance of the Tracking Account shall be determined by a nationally recognized independent accounting firm mutually acceptable to the parties, the fees of which shall be shared equally between Buyer and Seller. Seller and Buyer agree that the Effective Date balance of the Tracking Account as finally determined hereunder (the "OUTSTANDING BALANCE") shall be deemed to be a loan by Seller to Buyer in a principal amount equal to the Outstanding Balance (the "TRACKING ACCOUNT LOAN"). Notwithstanding any limitations on recourse in any Project Document to the contrary, but subject to all terms and conditions of subordination (including with respect to the Collateral) set forth in the Intercreditor Agreement, Buyer hereby waives any such limitations on recourse applicable to it with respect to its obligations hereunder, and agrees that it shall be personally liable (on a recourse basis) for the repayment of the Tracking Account Loan and any accrued and unpaid interest thereon pursuant to this Agreement. Repayment of the Tracking Account Loan shall be made in accordance with this Section 4.4.
Tracking Account. Except as expressly provided herein, for each Monthly Billing Period commencing on June 1, 2000, Seller or Purchaser, as applicable, shall make to the other Party a payment in an amount equal to the balance of the Tracking Account, as set out in Section 12.1.
Tracking Account. Promptly following the Effective Date, the Company shall create and maintain a funding tracking account (the “Tracking Account”) for each of the Shareholders. The initial amounts to be recorded in the Tracking Account of each of Invecture and DZHC shall be equal to the Initial Contribution of each Shareholder deemed pursuant to Section 5.1. For greater certainty, the Tracking Accounts are intended to track the actual and deemed capital contributions of the Shareholders for determining each Shareholder’s Proportionate Share and is separate from the capital of the Company for LGSM purposes. In addition to the Initial Contributions, each Shareholder’s Tracking Account shall be credited with any further capital contributions made by such Party as set out in this Section 5.2, including once paid to the Company, the Initial Working Capital (as defined in the Earn-in Right Agreement.
Tracking Account. (a) A tracking account (the "Tracking Account") shall be maintained by Genco to track, for each Day: (i) the actual amount of Natural Gas required to produce the Net Electrical Output when the Merchant Project is dispatched at or above the Minimum Load and delivered by Genco for that Day and (ii) the amount of Natural Gas required to produce the Net Electrical Output when the Merchant Project is dispatched at or above the Minimum Load and delivered by Genco for that Day based on the Expected Heat Rate. If the actual amount of Natural Gas required to produce the Net Electrical Output for such Day varies from the amount of Natural Gas which would be required to produce such Net Electrical Output based on the Expected Heat Rate (using the Expected Heat Rate value associated with the dispatch level), then a balance shall accrue in the Tracking Account for such Day in the following manner:
