Within one hundred and eighty. (180) Days following the earlier of (i) the completion of the Company Work, (ii) the effective early termination or cancellation date of this Agreement in accordance with any of the provisions hereof, and (iii) the FERC IA Acceptance Date, the Company shall perform an overall reconciliation of the total of all Company Reimbursable Costs to the invoiced costs previously paid to Company by Developer under this Agreement (“Total Payments Made”). If the total of all Company Reimbursable Costs actually incurred is greater than the Total Payments Made, the Company shall provide a final invoice to Developer for the balance due to the Company under this Agreement (the “Balance Amount”). If the Total Payments Made is greater than the total of all Company Reimbursable Costs actually incurred, Company shall reimburse the difference to Developer (“Refund Amount”) or, if applicable, may apply the Refund Amount as contemplated in Section 7.6 of this Agreement. The Refund Amount or Balance Amount, as applicable, shall be due and payable upon final reconciliation but no later than sixty (60) Days after such reconciliation. Any portion of the Balance Amount or Refund Amount, as applicable, remaining unpaid after that time shall be subject to interest as calculated pursuant to Section 9.1 of this Agreement.
Appears in 11 contracts
Samples: Reimbursement Agreement, Reimbursement Agreement, Engineering & Procurement Agreement
Within one hundred and eighty. (180) Days following the earlier of (i) the completion of the Company Work, (ii) the effective early termination or cancellation date of this Agreement in accordance with any of the provisions hereof, and (iii) the FERC IA Acceptance Date, the Company shall perform an overall reconciliation of the total of all Company Reimbursable Costs to the invoiced costs previously paid to Company by Developer under this Agreement (“Total Payments Made”). If the total of all Company Reimbursable Costs actually incurred is greater than the Total Payments Made, the Company shall provide a final invoice to Developer for the balance due to the Company under this Agreement (the “Balance Amount”). If the Total Payments Made is greater than the total of all Company Reimbursable Costs actually incurred, Company shall reimburse the difference to Developer (“Refund Amount”) or, if applicable, may apply the Refund Amount as contemplated in Section 7.6 of this Agreement. The Refund Amount or Balance Amount, as applicable, shall be due and payable upon final reconciliation but no later than sixty (60) Days after such reconciliation. Any portion of the Balance Amount or Refund Amount, as applicable, remaining unpaid after that time shall be subject to interest as calculated pursuant to Section 9.1 of this Agreement.
Appears in 3 contracts
Samples: Engineering and Procurement Agreement, Engineering & Procurement Agreement, Engineering and Procurement Agreement
