Common use of Adjustment for Inaccurate Meters Clause in Contracts

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, fails to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Up Metering, is found upon testing to not be accurate within a tolerance limit of two (2) percent, an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Metering Device, or Buyer’s Back-Up Metering, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 In the event that the Electric Metering Device is found to be defective or inaccurate, the Parties shall use Buyer’s Back-Up Metering, if installed, to determine the amount of the inaccuracy. The Parties shall mutually agree upon the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 In the event that the Parties cannot agree on the actual period during which inaccurate measurements were made, the period during which the measurements are to be adjusted shall be (i) the last one-half of the period from the last previous test of the Electric Metering Device to the test that found the Electric Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for such re- computed amount. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If the difference is a negative number, that difference shall by paid by Seller to Buyer, or at the discretion of Buyer, may take the form of an offset against future payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, fails to register, or if the measurement made by an Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 :  In the event that the Electric ▇▇▇▇▇’s Metering Device is found to be defective or inaccurate, the Parties shall use BuyerSeller’s Back-Up MeteringMetering Devices, if installed, to determine the amount of such inaccuracy, provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the inaccuracyprovisions of this Section. The If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall mutually agree upon estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Delivered Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 .  In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Buyer’s Metering Device to the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 .  To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for from such re- re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of BuyerSeller in the case of a payment to be made by Buyer to Seller, may take the form of an offset against future to payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, Metering Device or Seller’s Metering Devices fails to register, or if the measurement made by an Electric ▇▇▇▇▇’s Metering Device, Device or BuyerSeller’s Back-Up Metering, Metering Devices is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 :  In the event that the Electric ▇▇▇▇▇’s Metering Device is found to be defective or inaccurate, the Parties shall use BuyerSeller’s Back-Up MeteringMetering Devices, if installed, to determine the amount of such inaccuracy, provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the inaccuracyprovisions of this Section. The If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall mutually agree upon estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Delivered Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 .  In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Buyer’s Metering Device to the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 .  To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for from such re- re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of BuyerSeller in the case of a payment to be made by Buyer to Seller, may take the form of an offset against future to payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, Device fails to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Up Metering, Device is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Metering Device, or Buyer’s Borough's Back-Up Metering, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 : In the event that the Electric Metering Device is found to be defective or inaccurate, the Parties shall use Buyer’s Borough's Back-Up up Metering, if installed, to determine the amount of such inaccuracy, provided, however, that Borough's Back-Up Metering has been tested and maintained in accordance with the inaccuracyprovisions of this Article. The Parties shall mutually agree upon the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Metering Device to the test that found the Electric Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 . To the extent that the adjustment period covers a period of deliveries for which payment has already been made by BuyerBorough, Buyer Seller shall use the corrected measurements as determined in accordance with this Article to re-compute recalculate the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer Borough for this period for from such re- re-computed amount. If the difference is a positive number, the difference shall be paid by Buyer Borough to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of Buyer, may take the form of an offset against future payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission ProviderBorough.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, fails Metering Device or Seller’s Metering Devices fail to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Up Metering, Metering Device or Seller’s Metering Devices is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner:. 4.2.1 7.14.1 In the event that the Electric Buyer’s Metering Device is found to be defective or inaccurate, the Parties shall use BuyerSeller’s Back-Up MeteringMetering Devices, if installed, to determine the amount of such inaccuracy; provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the inaccuracyprovisions of this Section. The If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall mutually agree upon estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Delivered Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 7.14.2 In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Buyer’s Metering Device to the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 7.14.3 To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for from such re- re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of BuyerSeller in the case of a payment to be made by Buyer to Seller, may take the form of an offset against future to payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, fails to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Back- Up Metering, is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Metering Device, or Buyer’s Back-Up Metering, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 In the event that 5.6.1 If the Electric Metering Device is found to be defective inaccurate or inaccuratedefective, and Back-Up Metering has been tested and maintained in accordance with the provisions of this Section 5.6, the Parties shall use Buyer’s Back-Up Metering, if installed, to determine the amount of the such inaccuracy. The Back-Up Metering data shall be adjusted for losses if Back-up Metering is installed on the low side of Seller’s step-up transformer. If Back-up Metering is also found to be inaccurate by more than one percent (1.0%) or no back-up metering was installed, the Parties shall mutually agree upon use the SCADA data collected at each Wind Turbine in the Facility for the period of inaccuracy, adjusted as agreed by the Parties for losses occurring between each Wind Turbine and the Point of Delivery. If, and to the extent, such SCADA is incomplete or unavailable, the Parties shall estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount deliveries of Contract Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 In the event that 5.6.2 If the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the one hundred eighty (180) Days immediately preceding the test that found the Electric Metering Device to be defective or inaccurate or (ii) the last one-half of the period from the last previous test of the Electric Metering Device to the test that found the Electric Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 To 5.6.3 MP shall use the corrected measurements as determined in accordance with this Section 5.6 to recompute the amount due for the period of the inaccuracy to the extent that the adjustment period covers a period of deliveries for which payment has already been made by BuyerMP, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and MP shall subtract the previous payments made by Buyer MP for this period for from such re- computed recomputed amount. If the difference is a negative number, that difference shall be paid by Seller to MP or, at the discretion of MP, may take the form of an offset to payments due Seller by MP in an amount each month of no more than thirty percent (30%) of each applicable invoice; if the difference is a positive number, the difference shall be paid by Buyer MP to Seller. If the difference is a negative number, that difference shall by paid by Seller to Buyer, or at the discretion of Buyer, may take the form of an offset against future payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice Notice of the amount due, unless Buyer except to the extent MP elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, fails Metering Device or Seller’s Metering Devices fail to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Up Metering, Metering Device or Seller’s Metering Devices is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner:. 4.2.1 3.14.1 In the event that the Electric Buyer’s Metering Device is found to be defective or inaccurate, the Parties shall use BuyerSeller’s Back-Up MeteringMetering Devices, if installed, to determine the amount of such inaccuracy; provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the inaccuracyprovisions of this Section. The If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall mutually agree upon estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Delivered Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 3.14.2 In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Buyer’s Metering Device to the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 3.14.3 To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for from such re- re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of BuyerSeller in the case of a payment to be made by Buyer to Seller, may take the form of an offset against future to payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, fails to register, or if the measurement made by an Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 : In the event that the Electric ▇▇▇▇▇’s Metering Device is found to be defective or inaccurate, the Parties shall use BuyerSeller’s Back-Up MeteringMetering Devices, if installed, to determine the amount of such inaccuracy, provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the inaccuracyprovisions of this Section. The If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall mutually agree upon estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Delivered Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 . In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Buyer’s Metering Device to the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 . To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for from such re- re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of BuyerSeller in the case of a payment to be made by Buyer to Seller, may take the form of an offset against future to payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, fails Metering Device or Seller’s Metering Devices fail to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Up Metering, Metering Device or Seller’s Metering Devices is found upon testing to not be accurate within a tolerance limit of two inaccurate by more than one percent (2) percent1.0%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Buyer’s Metering Device, or BuyerSeller’s Back-Up MeteringMetering Devices, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 . In the event that the Electric Bu▇▇▇’s Metering Device is found to be defective or inaccurate, the Parties shall use BuyerSeller’s Back-Up MeteringMetering Devices, if installed, to determine the amount of such inaccuracy; provided, however, that Seller’s Metering Devices have been tested and maintained in accordance with the inaccuracyprovisions of this Section. The If the Seller’s Metering Devices are installed on the low side of Seller’s step-up transformer, the Seller’s Metering Devices data shall be adjusted for losses. In the event that Seller did not install Seller’s Metering Devices, or Seller’s Metering Devices are also found to be inaccurate by more than one percent (1.0%), the Parties shall mutually agree upon estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount of Delivered Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Buyer’s Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 . In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Buyer’s Metering Device to the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Buyer’s Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 . To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for from such re- re-computed amount. Such computation and methodology shall be shared with Seller and the Parties shall use good faith efforts to reach mutual agreement on this calculation. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of BuyerSeller in the case of a payment to be made by Buyer to Seller, may take the form of an offset against future to payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, fails to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Up Metering, is found upon testing to not be accurate within a tolerance limit inaccurate by more than five-one hundredths of two one percent (2) percent0.05%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Metering Device, or Buyer’s Back-Up Metering, for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner:manner:‌ 4.2.1 In the event that (a) If the Electric Metering Device is found to be defective inaccurate or inaccuratedefective, and that Back-Up Metering has been tested and maintained in accordance with the provisions of this Section, the Parties shall use Buyer’s Back-Up Metering, if installed, to determine the amount of such inaccuracy. (b) Metering is installed on the inaccuracylow side of Seller’s step-up transformer. The If Back-up Metering is also found to be inaccurate by more than five hundredths of one percent (0.05%) or no back- up metering was installed, the Parties shall mutually agree upon use the SCADA data collected at the Facility for the period of inaccuracy, adjusted as agreed by the Parties. If, and to the extent, such SCADA is incomplete or unavailable, the Parties shall estimate the amount of the necessary adjustment based on deliveries of the amount of Contract Energy delivered during such period on the basis of the amount of Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Metering Device was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made.made.‌ 4.2.2 (c) In the event that the Parties cannot agree on the actual period during which the inaccurate measurements were made, the period during which the measurements are to be adjusted shall be the shorter of (i) the one hundred eighty (180) Days immediately preceding the test that found the Electric Metering Device to be defective or inaccurate or (ii) the last one-half of the period from the last previous test of the Electric Metering Device to the test that found the Electric Metering Device to be defective or inaccurate, or (ii) the one hundred eighty (180) Days immediately preceding the test that found the Electric Metering Device to be defective or inaccurate, whichever period is less. 4.2.3 To (d) MP shall use the corrected measurements as determined in accordance with this Section to recompute the amount due for the period of the inaccuracy to the extent that the adjustment period covers a period of deliveries for which payment has already been made by BuyerMP, Buyer shall use the corrected measurements as determined in accordance with this Article to re-compute the amount due for the period of the inaccuracy and MP shall subtract the previous payments made by Buyer MP for this period for from such re- computed recomputed amount. If the difference is a negative number, that difference shall be paid by Seller to MP, or at the discretion of MP, may take the form of an offset to payments due Seller by MP in an amount each month of no more than thirty percent (30%) of each applicable invoice; if the difference is a positive number, the difference shall be paid by Buyer MP to Seller. If the difference is a negative number, that difference shall by paid by Seller to Buyer, or at the discretion of Buyer, may take the form of an offset against future payments due to Seller by Buyer. Payment of such difference by the owing Party shall be made not later than thirty (30) Days after the owing Party receives notice Notice of the amount due, unless Buyer except to the extent MP elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.

Adjustment for Inaccurate Meters. If an Electric Metering Device, or Buyer’s Back-Up Metering, a Revenue Meter fails to register, or if the measurement made by an Electric Metering Device, or Buyer’s Back-Up Metering, a Revenue Meter is found upon testing to not be accurate within a tolerance limit inaccurate by more than or less than one half of two one percent (2) percent.5%), an adjustment shall be made correcting all measurements by the inaccurate or defective Electric Metering Device, or Buyer’s Back-Up Metering, Revenue Meter for both the amount of the inaccuracy and the period of the inaccuracy, in the following manner: 4.2.1 5.2.1 As may be agreed upon by the Parties, or 5.2.2 In the event that the Electric Metering Device is found Parties cannot agree on the amount of the adjustment necessary to be correct the measurements made by any inaccurate or defective or inaccurateRevenue Meter, the Parties shall use Buyer’s Back-Up MeteringSeller's backup metering, if installed, to determine the amount of such inaccuracy; provided, however, that Seller's backup metering has been tested and maintained in accordance with the inaccuracyprovisions of this Section 5.2.2. The In the event that Seller's backup metering also is found to be inaccurate by more than the allowable limits set forth in this Section 5.2.2, the Parties shall mutually agree upon to estimate the amount of the necessary adjustment of the amount of Energy delivered during such period on the basis of the amount deliveries of Capacity and Electric Energy delivered from the Facility with defective meter and to the Transfer Point during periods of similar operating conditions when the Electric Metering Device Revenue Meter was registering accurately. The adjustment shall be made for the period during which inaccurate measurements were made. 4.2.2 5.2.3 In the event that the Parties cannot agree on the actual period during which the Revenue Meter(s) made inaccurate measurements were mademeasurements, the period during which the measurements are to be adjusted shall be the shorter of (i) the last one-half of the period from the last previous test of the Electric Metering Device Revenue Meter to the test that found the Electric Metering Device Revenue Meter to be defective or inaccurate, or (ii) the one hundred eighty (180) Days days immediately preceding the test that found the Electric Metering Device Revenue Meter to be defective or inaccurate, whichever period is less. 4.2.3 5.2.4 To the extent that the adjustment period covers a period of deliveries for which payment has already been made by Buyer, Buyer Seller shall use the corrected measurements as determined in accordance with this Article Sections 5.2.1, 5.2.2, or 5.2.3 hereof to re-compute recompute the amount due for the period of the inaccuracy and shall subtract the previous payments made by Buyer for this period for from such re- computed recomputed amount. If the difference is a positive number, the difference shall be paid by Buyer to Seller. If ; if the difference is a negative number, that difference shall by be paid by Seller to Buyer, or at the discretion of Buyer, may take Buyer in the form of an offset against future to payments due to Seller by BuyerBuyer hereunder. Payment Adjustment of such difference by the owing Party shall be made not later than thirty (30) Days days after the owing Party receives notice of the amount due, unless Buyer elects payment via an offset. All adjustments made pursuant to this Section 5.2 shall be made in accordance with the filed tariff of the Transmission Provider.