Common use of Invoicing and Payment Procedures Clause in Contracts

Invoicing and Payment Procedures. 23.1 DWS shall at the end of each month in which the meter readings are taken, in accordance with clause 10 above, send a copy tax invoice to the User. Such copy tax invoice will contain details of the date, applicable amount payable under the BRVAS-CUC, applicable amount payable for the Water Use Charges, VAT, VAT registration number, due date for payment, bank account details of DWS and such other details required in terms of applicable legislation. 23.2 DWS shall ensure that the original tax invoice is posted (or otherwise delivered) to the User by not later than the end of the month in which the meter readings are taken to ensure that the User receives the tax invoice by not later than the 15th (fifteenth) calendar day of the month following the month in which such meter readings are taken as set out in sub- clause 10.3 above. The User will make payment of the full amount of each tax invoice by the due date reflected on each tax invoice, provided that such due date shall not be less than 30 (thirty) days after the invoice date reflected on such tax invoice, into a bank account nominated in writing by DWS from time to time. 23.3 Any delay in the rendering of a tax invoice will not relieve the User of its obligation to make payment to DWS for all amounts outstanding. In the event of the User not receiving any tax invoices timeously or at all, the User undertakes to notify DWS thereof in writing by no later than 5 (five) Business Days after the 15th (fifteenth) calendar day referred to in sub- clause 23.2 above. In such event payment will be made within 30 (thirty) days after receipt of a tax invoice from DWS, provided that where such notification has been given to DWS, it shall not be entitled to charge any interest on such late payment. 23.4 Each User will be invoiced monthly by DWS for: 23.4.1 the BRVAS-CUC calculated on the basis set out in Annexure D hereto; 23.4.2 any other BRVAS water tariffs such as BRVAS O&M Tariff and BRVAS B&R Tariff as applicable in terms of the Pricing Strategy; and 23.4.3 any Water Use Charges as payable in terms of the Pricing Strategy. 23.5 The User will make payment of the BRVAS-CUC as invoiced by DWS directly to TCTA as provided for in clause 24 below. 23.6 In the event of the User failing to make payment of the BRVAS-CUC, the BRVAS O&M Tariff, the BRVAS B&R Tariff or Water Use Charges in accordance with this Agreement, then in addition to all other remedies available to it in terms of the NW Act, DWS shall be entitled: 23.6.1 on notice, to suspend or withdraw a water use entitlement, provided that the User has been directed to take specific steps to rectify the failure within a specified period, in terms of section 54(3) of the NW Act and the User has had an opportunity to make representations within a reasonable period in terms of section 54(4) thereof; and/or 23.6.2 on notice, to restrict or suspend the supply of water to the User from this government waterworks until such charges together with interest in respect of the default period have been paid, provided that DWS has given the User an opportunity to make representations within a reasonable period on any proposed restrictions or suspensions in terms of section 59(4) of the NW Act; and/or 23.6.3 to charge interest at the prescribed Statutory Interest Rate on all outstanding amounts, such interest to be calculated from the due date for payment until the date that payment is actually made.

Invoicing and Payment Procedures. 23.1 DWS (a) Except as required by Section 5.3(c) below, the Fixed Fee and the Reimbursable Expenses shall be payable for each month not later than thirty (30) days following receipt of a Payment Invoice (each such date, a “Payment Date”) and shall be prorated for any partial monthly period at the beginning and end of each month the Term, with such prorations based on a thirty (30) day calendar month. Invoiced amounts will be paid by wire transfer of immediately available funds to Provider at an account designated in which writing by Provider. Notwithstanding the meter readings are takenforegoing, in accordance with clause 10 above, send the Parties may agree to a copy tax invoice to the User. Such copy tax invoice will contain details of the date, applicable amount payable under the BRVAS-CUC, applicable amount payable for the Water Use Charges, VAT, VAT registration number, different payment due date for payment, bank account details the Supplemental Procurement Services portion of DWS and such other details required in terms of applicable legislationthe Reimbursable Expenses. 23.2 DWS (b) Provider shall ensure that the original tax invoice is posted submit invoices to Customer at least ten (or otherwise delivered10) Business Days prior to the User relevant Payment Date for the Fixed Fee and Reimbursable Expenses that are due and payable on such Payment Date. Invoices (“Payment Invoice”) by not later than Provider shall be sent to Customer at the end of the month in which the meter readings are taken to ensure that the User receives the tax invoice by not later than the 15th (fifteenthaddress(es) calendar day of the month following the month in which such meter readings are taken as set out in sub- clause 10.3 aboveExhibit C. (c) Once Customer has maintained a positive cash flow for three (3) consecutive months, Provider may submit invoices to Customer and to the collateral agent for payment from the lockbox account established pursuant to the Security Documents not less than ten (10) Business Days prior to the relevant Payment Date for the Fixed Fee and Reimbursable Expenses that are due and payable on such Payment Date. The User will make terms and conditions for payment of any Payment Invoice to be paid from the lockbox account shall be governed by the Security Documents. (d) Either Party may, in good faith, dispute the correctness of any invoice, ▇▇▇▇, charge, or any adjustment to an invoice, rendered under this Agreement, or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date the invoice, ▇▇▇▇, charge, or adjustment to an invoice, was rendered. If a Payment Invoice or portion thereof, or any other claim or adjustment arising thereunder, is disputed, payment of the full undisputed portion of the Payment Invoice shall be required to be made when due, with written notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount of each tax invoice by (the due date reflected on each tax invoice, provided that such due date “Disputed Payment”) shall not be less than 30 required until the dispute is resolved. The Parties shall use commercially reasonable efforts to resolve the Disputed Payment within ten (thirty10) days after Business Days of receipt of the invoice date reflected notice of the Disputed Payment. Once the Parties agree on such tax invoicea resolved payment amount (the “Resolved Payment Amount”), into Provider shall cause the next monthly Payment Invoice to reflect a bank account nominated in writing by DWS from time to time. 23.3 Any delay credit or charge, as appropriate, based on the resolution of the payment dispute, in the rendering amount of a tax invoice will not relieve the User of its obligation to make payment to DWS for all amounts outstandingResolved Payment Amount. In the event the Parties are unable to resolve a payment dispute within ten (10) Business Days, the lesser amount shall be deemed due payable unless and until a different amount is identified following conclusion of the User not receiving any tax invoices timeously dispute resolution provisions in Article 12, or at all, the User undertakes to notify DWS thereof in writing by no later than 5 (five) Business Days after the 15th (fifteenth) calendar day referred to in sub- clause 23.2 above. In such event payment will be made within 30 (thirty) days after receipt a court of a tax invoice from DWS, provided that where such notification has been given to DWS, it shall not be entitled to charge any interest on such late paymentcompetent jurisdiction orders otherwise. 23.4 Each User will be invoiced monthly by DWS for: 23.4.1 the BRVAS-CUC calculated on the basis set out in Annexure D hereto; 23.4.2 any other BRVAS water tariffs such as BRVAS O&M Tariff and BRVAS B&R Tariff as applicable in terms of the Pricing Strategy; and 23.4.3 any Water Use Charges as payable in terms of the Pricing Strategy. 23.5 The User will make payment of the BRVAS-CUC as invoiced by DWS directly to TCTA as provided for in clause 24 below. 23.6 In the event of the User failing to make payment of the BRVAS-CUC, the BRVAS O&M Tariff, the BRVAS B&R Tariff or Water Use Charges in accordance with this Agreement, then in addition to all other remedies available to it in terms of the NW Act, DWS shall be entitled: 23.6.1 on notice, to suspend or withdraw a water use entitlement, provided that the User has been directed to take specific steps to rectify the failure within a specified period, in terms of section 54(3) of the NW Act and the User has had an opportunity to make representations within a reasonable period in terms of section 54(4) thereof; and/or 23.6.2 on notice, to restrict or suspend the supply of water to the User from this government waterworks until such charges together with interest in respect of the default period have been paid, provided that DWS has given the User an opportunity to make representations within a reasonable period on any proposed restrictions or suspensions in terms of section 59(4) of the NW Act; and/or 23.6.3 to charge interest at the prescribed Statutory Interest Rate on all outstanding amounts, such interest to be calculated from the due date for payment until the date that payment is actually made.