Common use of Additional Provisions for Billings and Payments Clause in Contracts

Additional Provisions for Billings and Payments. ‌ The following provisions shall apply with respect to charges for the Costs of the Interconnected Transmission Owner for which the Interconnection Customer is responsible. Transmission Provider shall invoice Interconnection Customer on behalf of the Interconnected Transmission Owner, for the Interconnected Transmission Owner’s expected Costs during the next three months. Upon receipt of each of Interconnection Customer’s payments of such invoices, Transmission Provider shall reimburse the Interconnected Transmission Owner. Interconnection Customer shall pay each invoice received from Transmission Provider within twenty (20) days after receipt thereof. Interest on any unpaid, delinquent amounts shall be calculated in accordance with the methodology specified for interest on refunds in the FERC's regulations at 18 C.F.R. Section 35.19a(a)(2)(iii) and shall apply from the due date of the bill to the date of payment. If Interconnection Customer fails to pay any invoice when and as due, Transmission Provider or Interconnected Transmission Owner can provide notice of such failure to Interconnection Customer and the other party, and Interconnection Customer shall pay the amounts due within five (5) days from the receipt of such notice. Subject to obtaining any necessary authorizations from FERC, if Interconnection Customer fails to make payment within five (5) days from the receipt of such notice, Transmission Provider and Interconnected Transmission Owner shall each have the right to suspend performance hereunder. If Interconnection Customer fails to make payment within fifteen (15) days from the receipt of such notice, Transmission Provider and Interconnected Transmission Owner shall each have the right to terminate this Agreement, or exercise such other rights and remedies, as each may have in equity or at law. ATTACHMENT B‌‌ ATTACHMENT C‌‌ (b) In the event that Interconnection Customer decides not to interconnect its proposed facilities, as described in Section 1.0 of the Specifications to the Transmission System, it shall immediately give Transmission Provider written notice of its determination. Interconnection Customer shall be responsible for the Costs incurred pursuant to this Interim ISA by Transmission Provider and/or by the Interconnected Transmission Owner (1) on or before the date of such notice, and (2) after the date of such notice, if the costs could not reasonably be avoided despite, or were incurred by reason of, Interconnection Customer’s determination not to interconnect. Interconnection Customer’s liability under the preceding sentence shall include all Cancellation Costs in connection with the acquisition, design, construction and/or installation of the facilities described in section 3.0 of the Specifications. In the event the Interconnected Transmission Owner incurs Cancellation Costs, it shall provide the Transmission Provider, with a copy to the Interconnection Customer, with a written demand for payment and with reasonable documentation of such Cancellation Costs. Within 60 days after the date of Interconnection Customer’s notice, Transmission Provider shall provide an accounting of, and the appropriate party shall make any payment to the other that is necessary to resolve, any difference between (i) Interconnection Customer's cost responsibility under this Interim ISA and the Tariff for Costs, including Cancellation Costs, of the facilities described in section 3.0 of the Specifications and (ii) Interconnection Customer's previous payments under this Interim ISA. Notwithstanding the foregoing, however, Transmission Provider shall not be obligated to make any payment that the preceding sentence requires it to make unless and until the Interconnected Transmission Owner has returned to it the portion of Interconnection Customer’s previous payments that Transmission Provider must pay under that sentence. This Interim ISA shall be deemed to be terminated upon completion of all payments required under this paragraph (b).‌

Appears in 1 contract

Sources: Interim Interconnection Service Agreement

Additional Provisions for Billings and Payments. The following provisions shall apply with respect to charges for the Costs of the Interconnected Transmission Owner for which the Interconnection Customer is responsible. Transmission Provider shall invoice Interconnection Customer on behalf of the Interconnected Transmission Owner, for the Interconnected Transmission Owner’s expected Costs during the next three months. Upon receipt of each of Interconnection Customer’s payments of such invoices, Transmission Provider shall reimburse the Interconnected Transmission Owner. Interconnection Customer shall pay each invoice received from Transmission Provider within twenty (20) days after receipt thereof. Interest on any unpaid, delinquent amounts shall be calculated in accordance with the methodology specified for interest on refunds in the FERC's regulations at 18 C.F.R. Section 35.19a(a)(2)(iii) and shall apply from the due date of the bill to the date of payment. If Interconnection Customer fails to pay any invoice when and as due, Transmission Provider or Interconnected Transmission Owner can provide notice of such failure to Interconnection Customer and the other party, and Interconnection Customer shall pay the amounts due within five (5) days from the receipt of such notice. Subject to obtaining any necessary authorizations from FERC, if Interconnection Customer fails to make payment within five (5) days from the receipt of such notice, Transmission Provider and Interconnected Transmission Owner shall each have the right to suspend performance hereunder. If Interconnection Customer fails to make payment within fifteen (15) days from the receipt of such notice, Transmission Provider and Interconnected Transmission Owner shall each have the right to terminate this Agreement, or exercise such other rights and remedies, as each may have in equity or at law. ATTACHMENT B‌‌ ATTACHMENT C‌‌ (b) In the event that Interconnection Customer decides not to interconnect its proposed facilities, as described in Section 1.0 of the Specifications to the Transmission System, it shall immediately give Transmission Provider written notice of its determination. Interconnection Customer shall be responsible for the Costs incurred pursuant to this Interim ISA by Transmission Provider and/or by the Interconnected Transmission Owner (1) on or before the date of such notice, and (2) after the date of such notice, if the costs could not reasonably be avoided despite, or were incurred by reason of, Interconnection Customer’s determination not to interconnect. Interconnection Customer’s liability under the preceding sentence shall include all Cancellation Costs in connection with the acquisition, design, construction and/or installation of the facilities described in section 3.0 of the Specifications. In the event the Interconnected Transmission Owner incurs Cancellation Costs, it shall provide the Transmission Provider, with a copy to the Interconnection Customer, with a written demand for payment and with reasonable documentation of such Cancellation Costs. Within 60 days after the date of Interconnection Customer’s notice, Transmission Provider shall provide an accounting of, and the appropriate party shall make any payment to the other that is necessary to resolve, any difference between (i) Interconnection Customer's cost responsibility under this Interim ISA and the Tariff for Costs, including Cancellation Costs, of the facilities described in section 3.0 of the Specifications and (ii) Interconnection Customer's previous payments under this Interim ISA. Notwithstanding the foregoing, however, Transmission Provider shall not be obligated to make any payment that the preceding sentence requires it to make unless and until the Interconnected Transmission Owner has returned to it the portion of Interconnection Customer’s previous payments that Transmission Provider must pay under that sentence. This Interim ISA shall be deemed to be terminated upon completion of all payments required under this paragraph (b).‌.

Appears in 1 contract

Sources: Interconnection Service Agreement