Common use of Invoicing of Operator Payments Clause in Contracts

Invoicing of Operator Payments. 22.6.1 The Operator, in respect of every month, on or before the 10th day of the first month following that month or, in case the 10th day of a month is a holiday then on the following business day, submit to the Technical Auditor for its review and recommendation an invoice (the “Operator Invoice”) stating the amount of Operator Payments with respect to different Payment Component defined in Article 22.1 it considers that it is entitled to for the previous month calculated in accordance with this Article 22, Schedule 5, Schedule 6 and Schedule 7, with evidence to support its statement. 22.6.2 The Technical Auditor may request further information and clarifications from the Operator to complete its review, before submitting its recommendation to the Authority. The Technical Auditor shall submit its recommendation in accordance with Article 13 and Article 19 as applicable. The Technical Auditor shall check the details given in the Operator Invoice and certify such invoices for payment within 15 (fifteen) days of receipt of such invoice. 22.6.3 The Technical Auditor will certify such invoices on the basis of progress made in completing the respective activity/ milestones after making deductions in accordance with this Article 22. 22.6.4 The Authority will review the Operator Invoice and the recommendation of the Technical Auditor and determine the amount of Operator Payments to be paid to the Operator for the previous payment period. Accordingly, the Authority will issue instructions to the Escrow Bank with a copy to the Operator to make payments to the Operator in accordance with this Article 22.6.4. 22.6.5 The Authority agrees, in writing, to make payments to the Operator within 60 (sixty) days of submission of recommendation of the Technical Auditor on the Operator’s Invoice. To the extent that the Authority contests any element of the invoiced amount, it shall make payment of the undisputed amount. (a) if the invoiced amount is consistent with the determination of the Technical Auditor, and Authority do not contest any element of the invoiced amount, the Authority, shall recommend/ pay the full amount; (b) if the invoiced amount is not consistent with the determination of the Technical Auditor, and Authority contests any element of the invoiced amount, the Authority shall recommend/ make payment of such amount that is uncontested and withhold, subject to dispute resolution, the balance of the invoiced amount. 22.6.6 If the Authority unreasonably delays the payment of any amounts due to the Operator for a period in excess of 60 (sixty) days from the date on which such amount falls due as stipulated under the Article 22.6.5, the Authority shall be liable to pay interest on the Bank Rate calculated weekly for the period of delay until payment has been made in full. 22.6.7 All payments would be made in Indian Rupees by the Authority to the Operator.