Common use of BILLING, PAYMENT, AND REPORTING Clause in Contracts

BILLING, PAYMENT, AND REPORTING. 11.1 On or before the end of each Month, Gatherer shall render to Owner a statement in substantially the same form attached hereto as Exhibit “A”, for the preceding Month identified as to the Receipt Point(s) and at minimum showing the items listed in Exhibit “A”, including, but not limited to: (a) the total quantity of Gas delivered to the Receipt Point(s) hereunder and the amount due thereon for the Fees and electric power charges; (b) the component and total quantities of NGLs allocated hereunder; (c) the allocated Residue Gas MMBTU volume to be delivered to the Delivery Point(s); (d) information sufficient to explain and support any adjustments made by Gatherer in determining the amount billed or payable; and (e) any other required details as provided in Section 10.3 (a “Statement”). Gatherer shall supply Statements in electronic transmission format suitable to be automatically loaded into Owner’s accounting systems provided that Gatherer shall not be required to incur any costs or expenses in connection with providing Statements in such electronic format. Owner shall pay Gatherer at the addresses shown in Article XVII hereunder no later than the last Day of the Month after the Month of production by wire transfer or ACH wire. If the undisputed amount is not paid when due, interest on any unpaid portion shall accrue at an interest rate equal to two percent (2%) plus the prime rate as quoted in the most recent edition of the Wall Street Journal or at the highest rate permitted by applicable law, whichever is lower, from due date until date paid. If default continues after ninety (90) Days written notice from Gatherer to Owner, the Gatherer may suspend receipt or delivery of Owner’s Gas hereunder without prejudice to any other available remedies at law or in equity. In the event of any good faith dispute as to the amounts payable hereunder (the “Disputed Amount”), the Parties shall work in good faith to agree on such Disputed Amount. If the Parties are unable to agree on payment of the Disputed Amount within thirty (30) Days, then any Party may refer such dispute to a firm of independent public accountants, mutually acceptable to Owner and Gatherer, which firm shall make a final and binding determination as to the Disputed Amount on a timely basis and promptly notify the Parties in writing of its resolution. Such firm handling resolution of the Disputed Amount shall not have the power to modify or amend any term or provision of this Agreement. Owner and Gatherer shall bear and pay one-half of the fees and other costs charged by such firm. Interest shall begin to accrue as set forth herein on the Disputed Amount if it is not paid within twenty (20) Days following the date of resolution of the dispute as provided herein. 11.2 If any clerical or accounting error resulting in overcharge or undercharge in any form whatsoever shall at any time be found relative to any invoice delivered whether outstanding or paid, Gatherer shall refund any amount of overcharge or Owner shall pay any amount of undercharge, as the case may be, within thirty (30) Days after final determination thereof; provided, no retroactive adjustment shall be made beyond a period of twenty four (24) Months from the Month of production for which the overcharge or undercharge was made. 11.3 Both Parties hereto shall have the right, upon thirty (30) Days prior written notice during the other Party’s normal business hours, to examine the books and records of the other Party to the extent necessary to verify the accuracy of any statement, charge, computation, or demand made pursuant to this Agreement. Prior to such examination, the Party requesting such examination shall execute a mutually acceptable confidentiality agreement if requested to do so.

BILLING, PAYMENT, AND REPORTING. 11.1 On or before the end fifteenth (15th) day of each Month, Gatherer shall render an invoice to Owner a statement in substantially the same form attached hereto as Exhibit “A”, Producer for the preceding Month Month’s services by Gatherer. Gatherer shall provide Producer with information to support Gatherer’s invoice identified as to on a “Receipt Point by Receipt Point” basis, and shall also show the Receipt Point(s) and at minimum showing the items listed in Exhibit “A”, including, but not limited to: (a) cumulative information indicating the total quantity of Producer’s Gas delivered to the Receipt Point(s) hereunder and hereunder, the amount due thereon for the Fees therefore, and electric power charges; (b) the component and total quantities of NGLs allocated hereunder; (c) the allocated Residue Gas MMBTU volume to be delivered to the Delivery Point(s); (d) information sufficient to explain and support any adjustments made by Gatherer in determining the amount billed or payable; and (e) any billed. Except where other required details as provided in Section 10.3 (a “Statement”). Gatherer shall supply Statements in electronic transmission format suitable to be automatically loaded into Owner’s accounting systems provided that Gatherer shall not be required to incur any costs or expenses in connection with providing Statements in such electronic format. Owner provisions of this Agreement provide shorter deadlines for the payment of certain sums and/or invoices under the terms of this Agreement, Producer shall pay Gatherer or Gatherer shall pay Producer, as the case may be, at the addresses address shown in Article XVII hereunder no later than the last Day within thirty (30) days of the Month after the Month receipt of production by wire transfer or ACH wireinvoice. If the undisputed correct amount is not paid when due, interest on any unpaid and undisputed portion shall accrue at an annual effective interest rate equal to the prime rate, as quoted by the Wall Street Journal, plus two percent (2%) plus the prime rate as quoted in the most recent edition of the Wall Street Journal or at the highest rate permitted by applicable law, whichever is lower, from due date until date paid, with such interest to be compounded monthly. If default continues after Producer does not pay Gatherer all undisputed amounts within the later of (i) ninety (90) Days written days following receipt of invoice or (ii) thirty (30) days following notice from Gatherer to Ownerthat undisputed amounts are due, the then Gatherer may suspend receipt or delivery of Owner’s Gas hereunder without prejudice to any other available remedies at law or in equity. In Whenever Producer is entitled to be paid any sums by Gatherer under the event of any good faith dispute as to the amounts payable hereunder (the “Disputed Amount”), the Parties shall work in good faith to agree on such Disputed Amount. If the Parties are unable to agree on payment of the Disputed Amount within thirty (30) Days, then any Party may refer such dispute to a firm of independent public accountants, mutually acceptable to Owner and Gatherer, which firm shall make a final and binding determination as to the Disputed Amount on a timely basis and promptly notify the Parties in writing of its resolution. Such firm handling resolution of the Disputed Amount shall not have the power to modify or amend any term or provision terms of this Agreement. Owner , then unless specifically provided otherwise with regard to specific situations under the terms of this Agreement, payment shall be due from Gatherer and Gatherer interest shall bear be owing under the same time frames and pay one-half of the fees and other costs charged by such firm. Interest shall begin to accrue as procedures set forth herein on the Disputed Amount if it is not paid within twenty (20) Days following the date of resolution of the dispute as provided hereinabove in this paragraph 11.1 in relation to sums owing by Producer to Gatherer. 11.2 Either party may, at its option, recoup any sums (or portions thereof) owing by the other party by netting out of such party’s payments to the other party all or part of the sums owed by the other Party under this Agreement. When a party elects to net out certain indebtedness of the other party, such party shall promptly send to the other party a description of (a) the source or nature of the indebtedness of the other party that has been recouped in whole or in part by such party in the above-referenced manner, including the dollar amount of such recoupment, and (b) the indebtedness of the party that has been reduced through such recoupment. 11.3 When Gatherer owes to Producer any additional sums under this Agreement by virtue of Gatherer’s delay in performance, or non-performance, of any of Gatherer’s obligations under this Agreement, Gatherer shall, at the same time as Gatherer sends Producer its invoices for sums owing by Producer as to a given Month, both (a) calculate any such sums that Gatherer owes to Producer for the same month, and (b) reflect a credit thereon or remit such sums to Producer by the due date of the invoice. 11.4 If any clerical or accounting error resulting in overcharge or undercharge in any form whatsoever due to clerical or arithmetic error shall at any time be found relative to any invoice or other statement delivered by Gatherer in connection with this Agreement, whether outstanding or paid, Gatherer shall refund any amount of overcharge overcharge, or Owner Producer shall pay any amount of undercharge, as the case may be, within thirty (30) Days days after final determination thereof; provided, however, that all statements that have not been challenged in writing or corrected in writing, within twenty-four (24) Months from the end of the Month in which the statement was received by the party for whom it was intended, shall be conclusively deemed to be correct and accurate, and no retroactive adjustment shall be made beyond a period of twenty such twenty-four (24) Months from the Month of production for which the overcharge or undercharge was madeperiod with regard to any such statements. 11.3 11.5 Both Parties parties hereto shall have the right, upon thirty (30) Days prior written notice during the other Party’s normal business hours, right at any and all reasonable times to examine the books and records of of, and to audit, the other Party party to the extent necessary to verify the accuracy of any statement, charge, computation, or demand made pursuant to this Agreement. Prior to such examination, the Party party requesting such examination shall confidential information of the other party shall, if requested by the other party, execute a mutually acceptable confidentiality agreement if requested to do soof reasonable form and scope after giving the other party 15 days written notice.

BILLING, PAYMENT, AND REPORTING. 11.1 On or before the end of each Month, Gatherer shall render to Owner a statement in substantially the same form attached hereto as Exhibit “A”, for the preceding Month identified as to the Receipt Point(s) and at minimum showing the items listed in Exhibit “A”, including, but not limited to: (a) the total quantity of Gas delivered to the Receipt Point(s) hereunder and the amount due thereon for the Fees and electric power charges; (b) the component and total quantities of NGLs allocated hereunder; (c) the allocated Residue Gas MMBTU volume to be delivered to the Delivery Point(s); (d) information sufficient to explain and support any adjustments made by Gatherer in determining the amount billed or payable; and (e) any other required details as provided in Section 10.3 (a “Statement”). Gatherer shall supply Statements in electronic transmission format suitable to be automatically loaded into Owner’s 's accounting systems provided that Gatherer shall not be required to incur any costs or expenses in connection with providing Statements in such electronic format. Owner shall pay Gatherer at the addresses shown in Article XVII hereunder no later than the last Day of the Month after the Month of production by wire transfer or ACH wire. If the undisputed amount is not paid when due, interest on any unpaid portion shall accrue at an interest rate equal to two percent (2%) plus the prime rate as quoted in the most recent edition of the Wall Street Journal or at the highest rate permitted by applicable law, whichever is lower, from due date until date paid. If default continues after ninety (90) Days written notice from Gatherer to Owner, the Gatherer may suspend receipt or delivery of Owner’s 's Gas hereunder without prejudice to any other available remedies at law or in equity. In the event of any good faith dispute as to the amounts payable hereunder (the “Disputed Amount”), the Parties shall work in good faith to agree on such Disputed Amount. If the Parties are unable to agree on payment of the Disputed Amount within thirty (30) Days, then any Party may refer such dispute to a firm of independent public accountants, mutually acceptable to Owner and Gatherer, which firm shall make a final and binding determination as to the Disputed Amount on a timely basis and promptly notify the Parties in writing of its resolution. Such firm handling resolution of the Disputed Amount shall not have the power to modify or amend any term or provision of this Agreement. Owner and Gatherer shall bear and pay one-half of the fees and other costs charged by such firm. Interest shall begin to accrue as set forth herein on the Disputed Amount if it is not paid within twenty (20) Days following the date of resolution of the dispute as provided herein. 11.2 If any clerical or accounting error resulting in overcharge or undercharge in any form whatsoever shall at any time be found relative to any invoice delivered whether outstanding or paid, Gatherer shall refund any amount of overcharge or Owner shall pay any amount of undercharge, as the case may be, within thirty (30) Days after final determination thereof; provided, no retroactive adjustment shall be made beyond a period of twenty four (24) Months from the Month of production for which the overcharge or undercharge was made. 11.3 Both Parties hereto shall have the right, upon thirty (30) Days prior written notice during the other Party’s 's normal business hours, to examine the books and records of the other Party to the extent necessary to verify the accuracy of any statement, charge, computation, or demand made pursuant to this Agreement. Prior to such examination, the Party requesting such examination shall execute a mutually acceptable confidentiality agreement if requested to do so.

BILLING, PAYMENT, AND REPORTING. 11.1 On or before the end of each Month, Gatherer shall render to Owner a statement in substantially the same form attached hereto as Exhibit “A”, for the preceding Month identified as to the Receipt Point(s) and at minimum showing the items listed in Exhibit “A”, including, but not limited to: (a) the total quantity of Gas delivered to the Receipt Point(s) hereunder and the amount due thereon for the Fees and electric power charges; (b) the component and total quantities of NGLs allocated hereunder; (c) the allocated Residue Gas MMBTU volume to be delivered to the Delivery Point(s); (d) information sufficient to explain and support any adjustments made by Gatherer in determining the amount billed or payable; and (e) any other required details as provided in Section 10.3 (a “Statement”). Gatherer shall supply Statements in electronic transmission format suitable to be automatically loaded into Owner’s 's accounting systems provided that Gatherer shall not be required to incur any costs or expenses in connection with providing Statements in such electronic format. Owner shall pay Gatherer at the addresses shown in Article XVII hereunder no later than the last Day of the Month after the Month of production by wire transfer or ACH wire. If the undisputed amount is not paid when due, interest on any unpaid portion shall accrue at an interest rate equal to two percent (2%) plus the prime rate as quoted in the most recent edition of the Wall Street Journal or at the highest rate permitted by applicable law, whichever is lower, from due date until date paid. If default continues after ninety (90) Days written notice from Gatherer to Owner, the Gatherer may suspend receipt or delivery of Owner’s 's Gas hereunder without prejudice to any other available remedies at law or in equity. In the event of any good faith dispute as to the amounts payable hereunder (the “Disputed Amount”), the Parties shall work in good faith to agree on such Disputed Amount. If the Parties are unable to agree on payment of the Disputed Amount within thirty (30) Days, then any Party may refer such dispute to a firm of independent public accountants, mutually acceptable to Owner and Gatherer, which firm shall make a final and binding determination as to the Disputed Amount on a timely basis and promptly notify the Parties in writing of its resolution. Such firm handling resolution of the Disputed Amount shall not have the power to modify or amend any term or provision of this Agreement. Owner and Gatherer shall bear and pay one-half of the fees and other costs charged by such firm. Interest shall begin to accrue as set forth herein on the Disputed Amount if it is not paid within twenty (20) Days following the date of resolution of the dispute as provided herein. 11.2 If any clerical or accounting error resulting in overcharge or undercharge in any form whatsoever shall at any time be found relative to any invoice delivered whether outstanding or paid, Gatherer shall refund any amount of overcharge or Owner shall pay any amount of undercharge, as the case may be, within thirty (30) Days after final determination thereof; provided, no retroactive adjustment shall be made beyond a period of twenty four (24) Months from the Month of production for which the overcharge or undercharge was made. 11.3 Both Parties hereto shall have the right, upon thirty (30) Days prior written notice during the other Party’s normal business hours, to examine the books and records of the other Party to the extent necessary to verify the accuracy of any statement, charge, computation, or demand made pursuant to this Agreement. Prior to such examination, the Party requesting such examination shall execute a mutually acceptable confidentiality agreement if requested to do so.

BILLING, PAYMENT, AND REPORTING. 11.1 On or before the end fifteenth (15th) day of each Month, Gatherer shall render an invoice to Owner a statement in substantially the same form attached hereto as Exhibit “A”, Producer for the preceding Month Month's services by Gatherer. Gatherer shall provide Producer with information to support Gatherer's invoice identified as to on a "Receipt Point by Receipt Point" basis, and shall also show the Receipt Point(s) and at minimum showing the items listed in Exhibit “A”, including, but not limited to: (a) cumulative information indicating the total quantity of Producer's Gas delivered to the Receipt Point(s) hereunder and hereunder, the amount due thereon for the Fees therefore, and electric power charges; (b) the component and total quantities of NGLs allocated hereunder; (c) the allocated Residue Gas MMBTU volume to be delivered to the Delivery Point(s); (d) information sufficient to explain and support any adjustments made by Gatherer in determining the amount billed or payable; and (e) any billed. Except where other required details as provided in Section 10.3 (a “Statement”). Gatherer shall supply Statements in electronic transmission format suitable to be automatically loaded into Owner’s accounting systems provided that Gatherer shall not be required to incur any costs or expenses in connection with providing Statements in such electronic format. Owner provisions of this Agreement provide shorter deadlines for the payment of certain sums and/or invoices under the terms of this Agreement, Producer shall pay Gatherer or Gatherer shall pay Producer, as the case may be, at the addresses address shown hereunder within thirty (30) days of receipt of invoice. If Producer disputes any amount in Article XVII hereunder no later than any invoice, then within sixty (60) days from the last Day receipt of such invoice, Producer shall send written notice to Gatherer setting forth all details related to the Month after the Month of production by wire transfer or ACH wirereasons that Producer disputes such amounts. Producer shall not unreasonably dispute any invoiced amount. If the undisputed correct amount is not paid when due, interest on any unpaid and undisputed portion shall accrue at an annual effective interest rate equal to the prime rate, as quoted by the Wall Street Journal, plus two percent (2%) plus the prime rate as quoted in the most recent edition of the Wall Street Journal or at the highest rate permitted by applicable law, whichever is lower, from due date until date paid, with such interest to be compounded Monthly. If default continues after ninety Producer does not pay Gatherer all undisputed amounts within the later of (90i) Days written one hundred twenty (120) days following receipt of invoice or (ii) forty-five (45) days following notice from Gatherer to Ownerthat undisputed amounts are due, the then Gatherer may suspend receipt or delivery of Owner’s Gas hereunder without prejudice to any other available remedies at law or in equity. In Whenever Producer is entitled to be paid any sums by Gatherer under the event of any good faith dispute as to the amounts payable hereunder (the “Disputed Amount”), the Parties shall work in good faith to agree on such Disputed Amount. If the Parties are unable to agree on payment of the Disputed Amount within thirty (30) Days, then any Party may refer such dispute to a firm of independent public accountants, mutually acceptable to Owner and Gatherer, which firm shall make a final and binding determination as to the Disputed Amount on a timely basis and promptly notify the Parties in writing of its resolution. Such firm handling resolution of the Disputed Amount shall not have the power to modify or amend any term or provision terms of this Agreement. Owner , then unless specifically provided otherwise with regard to specific situations under the terms of this Agreement, payment shall be due from Gatherer and Gatherer interest shall bear be owing under the same time frames and pay one-half of the fees and other costs charged by such firm. Interest shall begin to accrue as procedures set forth herein on the Disputed Amount if it is not paid within twenty (20) Days following the date of resolution of the dispute as provided hereinabove in this Section 11.1 in relation to sums owing by Producer to Gatherer. 11.2 If any clerical or accounting error resulting in overcharge or undercharge in any form whatsoever shall at any time be found relative to any invoice delivered delivered, whether outstanding or paid, Gatherer shall refund any amount of overcharge or Owner Producer shall pay any amount of undercharge, as the case may be, within thirty (30) Days days after final determination thereof; , provided, no retroactive adjustment shall be made beyond a period of twenty four EXCEPT WITH RESPECT TO ANY DISPUTED AMOUNTS, THAT NO RETROACTIVE ADJUSTMENTS SHALL BE MADE BEYOND A PERIOD OF TWENTY FOUR (24) Months from the Month of production for which the overcharge or undercharge was madeMONTHS FROM THE DATE THAT ONE PARTY NOTIFIES THE OTHER OF A DISPUTED AMOUNT. 11.3 Both Parties hereto shall have the right, upon thirty (30) Days prior written notice during the other Party’s normal business hours, right at any and all reasonable times to examine the books and records of the other Party to the extent necessary to verify the accuracy of any statement, statement or charge, computation, or demand made pursuant to this Agreement. Prior to such examination, the Party requesting such examination it shall execute a mutually acceptable confidentiality agreement if requested to do so. Except as otherwise provided herein, all audits shall be limited to the 24 Months immediately preceding the request for the audit; provided, no audit may cover a time period subject to a prior audit; and, a party may not conduct an audit more frequently than once each 12 Months.