BILLING, PAYMENT, AND AUDIT Clause Samples

BILLING, PAYMENT, AND AUDIT. 7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month’s billing or as soon thereafter as actual delivery information is available. 7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2. 7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice. 7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under “Money Rates” by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the exten...

BILLING, PAYMENT, AND AUDIT. 13.1 On or before the tenth calendar day following the Month of deliveries of Gas hereunder, Seller shall deliver to Buyer an invoice for the preceding Month properly identified as per the Contract (or applicable Confirmation) showing the total quantity of Gas delivered, the amount due, and other pertinent information. If the actual quantity delivered is not available by the contractual billing date, billing will be prepared based on the Scheduled quantities. The Scheduled quantity will then be corrected to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available.

BILLING, PAYMENT, AND AUDIT. Add the following at the end of Section 7.7: “For Retail Access Supply Transactions, Netting between Daily Balancing Program and Monthly Balancing Program shall apply within the Month of delivery.”

BILLING, PAYMENT, AND AUDIT. 7 is amended by adding the following phrase to the end of the first sentence: “provided further, however, that the Party due payment under Section 7.3 may net all undisputed sums due thereunder against any amounts payable by it when making payments under Section 7.”

BILLING, PAYMENT, AND AUDIT. 7.1 Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available.

BILLING, PAYMENT, AND AUDIT. Section 7.1 is deleted in its entirety and replaced with the following: 7.1 Buyer will be billed for natural gas usage and related products and services supplied under the Contract in one of the following ways based on availability and eligibility of each Facility, which may change from time to time: (i) Dual Billing: Buyer will receive two invoices, one from CESNG for the natural gas supply and one from the utility for the amounts payable by Buyer for services provided by the utility (“Delivery Charges”); (ii) CESNG Consolidated Billing: Buyer will receive one invoice from CESNG that includes both the natural gas supply charges and the Delivery Charges. In the case of CESNG Consolidated Billing, Buyer agrees that (i) Buyer remains exclusively liable to the utility for all Delivery Charges, (ii) CESNG has no obligation to review Delivery Charges for accuracy, (iii) should Buyer dispute Delivery Charges, that is a matter for Buyer and the utility to resolve without any involvement or obligation on the part of CESNG, and (iv) CESNG may withhold any payments due to the utility if Buyer fails to pay CESNG invoices in accordance with this Contract. If the actual quantity of Gas delivered is not known by the invoice date, invoices will be prepared based on estimated meter data or other estimated information. The invoiced quantity will then be adjusted to the actual quantity on the following Month’s invoice or as soon thereafter as actual delivery information is available.Section 7.2 is deleted in its entirety and replaced with the following: 7.2 All amounts set forth in an invoice are payable to the party issuing the invoice and will include, in addition to the natural gas supply charges, Delivery Charges, and Taxes, all other amounts related to the purchase and delivery of natural gas. CESNG’s invoices will be sent to Buyer in accordance with CESNG’s normal billing cycle, as adjusted from time to time. CESNG’s invoices are due and payable on the Payment Date set forth on the cover page of the Base Contract, or such other date as set forth in a Rider, without offset or reduction of any kind, to the address set forth on the invoice; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date.

BILLING, PAYMENT, AND AUDIT. (A) Clause (f)(iv) is amended by adding the following as a new third sentence: “Buyer may retain only the disputed portion pending resolution of the dispute without breach of the Gas Annex and the Agreement. Upon resolution of such billing dispute, any underpayments or overpayments shall be paid or refunded with accrued interest at the designated rate for the period held by the other party. Seller’s invoice shall contain detailed information on gas delivered, including volume, price/btu, flow dates, pipeline and total dollar amount due. Buyer and Seller shall use commercially reasonable efforts to resolve Buyer’s objections in the due course of business and an adjusted invoice shall be issued by the Seller. When a final net amount is agreed upon, a reconciliation showing the final net amount for the previous month’s deliveries and the party owing will be issued by the party owed the net payment.” (B) Clause (f) of the Gas Annex is amended by adding the following new subsection at the end thereof:

BILLING, PAYMENT, AND AUDIT. Section 1. On or before the fifteenth (15th) day of each Month, Seller shall render a statement to Buyer giving the total quantity of gas, expressed in Mcf's or MMBtu's, as the case may be, delivered and sold hereunder during the preceding Month and the monies due therefor. Such statements are to be rendered in accordance with this Agreement, and shall include any amounts due for tax reimbursement under the provisions of this Agreement. In the event the total amount due Seller cannot be determined on or before the fifteenth (15th) day of the Month, Seller shall nevertheless invoice Buyer for the amounts that are known and/or are nominated by Buyer, and when the information is available Seller shall invoice for actual amounts (or refund any payment as necessary) as soon as practicable after such amount is determined. Section 2. Ten (10) days after the statement is received by Buyer, Buyer shall make payment to Seller by wire transfer per the instructions set forth in the Article titled

BILLING, PAYMENT, AND AUDIT. Section 1. On or before the fifteenth (15th) day of each Month, Seller shall render a statement to Buyer giving the total quantity of gas, expressed in MMBtu and Mcf, delivered and sold hereunder during the preceding Month and the monies due therefor. Such statements are to be rendered in accordance with this Agreement, and shall include any amounts due for tax reimbursement under the provisions of this Agreement. In the event the total amount due Seller cannot be determined on or before the fifteenth (15th) day of the Month, Seller shall Section 2. Ten (10) days after the statement is received by Buyer, Buyer shall make payment to Seller by wire transfer per the instructions set forth in the Article titled