Common use of Contestation Clause in Contracts

Contestation. 5.4.1. Ex-ante invoicing 5.4.1.1. In case of non-compliance of the ex-ante invoice, and without prejudice to the monthly statement mentioned in paragraph 5.1.4 and to the contestation pursuant to paragraph 5.4.2, ▇▇▇▇ provides notification of such non-compliance electronically within ten (10) Working Days of the invoice’s issuance. The invoice’s non-compliance is assessed: o using the requirements established for the issuance of the invoice as described in paragraph 6.1 ; and o the correctness of the amount on the ex-ante invoice based on the formula described in section 5.1.5, taking into account the number of hours Market Time Units (MTU) applicable to the Transaction(s) limited to the duration of month M and to the potential reductions of the Monthly Remuneration mentioned in paragraph 5.1.6, 2nd bullet communicated by ▇▇▇▇ to the CAPACITY PROVIDER before the ex-ante invoicing. 5.4.1.2. In case of rejection of the ex-ante invoice by ▇▇▇▇ in accordance with paragraph 5.4.1.1, the ex- ante invoice is subject to, as far as applicable via the use of a credit note in order to correct the wrong elements from the ex-ante invoice, a correction by the CAPACITY PROVIDER at the latest within ten (10) Working Days and is paid in accordance with paragraph 6.3.1, if the corrected invoice complies. If the corrected invoice does not comply, paragraph 5.4.1.1 and this paragraph apply again. 5.4.2. Monthly statement 5.4.2.1. To be admissible, any contestation concerning the whole or a part of the difference between the amount of the ex-ante invoice and the amount resulting from the monthly statement as specified in paragraph 5.3.2, are to be sent to ▇▇▇▇ by email, with acknowledgement of receipt, within twenty (20) Working Days from the receipt of the said statement. Such email contains the grounds for the objection, which must be explained as comprehensibly and in as much detail as possible. 5.4.2.2. The Parties negotiate in good faith with a view to reaching an agreement on the disputed amount of the monthly statement, within sixty (60) Working Days after receipt of the email as specified in paragraph 5.4.2.1. 5.4.2.3. In the event of partial or full agreement between the Parties on the difference between the amount of the non-contested ex-ante invoice, and the amount resulting from the monthly statement, the new undisputed amount, resulting from the agreement reached, is then the subject of an invoice respectively credit note that the CAPACITY PROVIDER must issue in accordance with Article 6, depending on whether the total or partial agreement results in an additional debt or receivable for ▇▇▇▇ in relation to the amount invoiced in advance. In the absence of such an additional debt or receivable no invoice or credit note is issued by the CAPACITY PROVIDER. 5.4.2.4. In the absence of partial or full agreement between the Parties on the amount of the Monthly Remuneration, resulting from the monthly statement, within the first period of sixty (60) Working Days as referred to in paragraph 5.4.2.2, the disputed amount or the disputed part of the amount of the Monthly Remuneration is the subject of a separate invoice or separate credit note, to be issued by the CAPACITY PROVIDER, covering the difference between the ex-ante invoice relating to the payment or, as the case may be, of the partial agreement mentioned in paragraph

Contestation. 5.4.1. Ex-ante invoicing 5.4.1.1. In case of non-compliance of the ex-ante invoice, and without prejudice to the monthly statement mentioned in paragraph 5.1.4 and to the contestation pursuant to paragraph 5.4.2, ▇▇▇▇ provides notification of such non-compliance electronically within ten (10) Working Days of the invoice’s issuance. The invoice’s non-compliance is assessed: o using the requirements established for the issuance of the invoice as described in paragraph 6.1 ; and o the correctness of the amount on the ex-ante invoice based on the formula described in section 5.1.55.1.1, taking into account the number of hours Market Time Units (MTU) applicable to the Transaction(s) limited to the duration of month M and to the potential reductions of the Monthly Remuneration mentioned in paragraph 5.1.6, 2nd bullet communicated by ▇▇▇▇ to the CAPACITY PROVIDER before the ex-ex- ante invoicing. 5.4.1.2. In case of rejection of the ex-ante invoice by ▇▇▇▇ in accordance with paragraph 5.4.1.1, the ex- ante invoice is subject to, as far as applicable via the use of a credit note in order to correct the wrong elements from the ex-ante invoicenote, a correction by the CAPACITY PROVIDER at the latest within ten (10) Working Days and is paid in accordance with paragraph 6.3.1, if the corrected invoice complies. If the corrected invoice does not comply, paragraph 5.4.1.1 and this paragraph apply again. 5.4.2. Monthly statement 5.4.2.1. To be admissible, any contestation concerning the whole or a part of the difference between the amount of the ex-ante invoice and the amount resulting from the monthly statement as specified in paragraph 5.3.2, are to be sent to ▇▇▇▇ by email, with acknowledgement of receipt, within twenty (20) Working Days from the receipt of the said statement. Such email contains the grounds for the objection, which must be explained as comprehensibly and in as much detail as possible. 5.4.2.2. The Parties negotiate in good faith with a view to reaching an agreement on the disputed amount of the monthly statement, within sixty (60) Working Days after receipt of the email as specified in paragraph 5.4.2.1. 5.4.2.3. In the event of partial or full agreement between the Parties on the difference between the amount of the non-contested ex-ante invoice, and the amount resulting from the monthly statement, the new undisputed amount, resulting from the agreement reached, is then the subject of an invoice respectively credit note that the CAPACITY PROVIDER must issue in accordance with Article 6, depending on whether the total or partial agreement results in an additional debt or receivable for ▇▇▇▇ in relation to the amount invoiced in advance. In the absence of such an additional debt or receivable no invoice or credit note is issued by the CAPACITY PROVIDER. 5.4.2.4. In the absence of partial or full agreement between the Parties on the amount of the Monthly Remuneration, resulting from the monthly statement, within the first period of sixty (60) Working Days as referred to in paragraph 5.4.2.2, the disputed amount or the disputed part of the amount of the Monthly Remuneration is the subject of a separate invoice or separate credit note, to be issued by the CAPACITY PROVIDER, covering the difference between the ex-ante invoice relating to the payment or, as the case may be, of the partial agreement mentioned in paragraph