Monthly Fixed Amount. (a) The billing period during the Term shall be each calendar month. Not later than the twentieth (20th) day of each month, ▇▇▇▇▇ shall prepare and provide to RGE an invoice showing for the preceding month the Monthly Fixed Amount (prorated for any partial month), the Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by either Party under this Agreement, together with reasonable documentation supporting the invoiced amounts (including the relevant NYISO invoices detailing the revenues and charges related to the RSS Unit). RGE shall pay ▇▇▇▇▇ the Monthly Fixed Amount (net of Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by ▇▇▇▇▇ under this Agreement) for each month during the Term. (b) In the event that the Acceptance Date is achieved after April 1, 2015, (i) ▇▇▇▇▇ shall track the net amount that would have been owed to or by ▇▇▇▇▇ under this Agreement had the Acceptance Date been achieved by April 1, 2015 (i.e. the Monthly Fixed Amount, net of Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by ▇▇▇▇▇ under this Agreement) for each calendar month (or any partial month) until the day immediately prior to the Acceptance Date (such cumulative net amount for such calendar months, the “Deferred Collection Amount”), (ii) ▇▇▇▇▇ shall prepare and provide to RGE as soon as reasonably practicable, but not later than the twentieth (20th) day of the month after the Acceptance Date is achieved, a calculation of the Deferred Collection Amount, together with reasonable documentation supporting such amount and
Appears in 5 contracts
Sources: Reliability Support Services Agreement, Reliability Support Services Agreement, Reliability Support Services Agreement
Monthly Fixed Amount. (a) The billing period during the Term shall be each calendar month. Not later than the twentieth (20th) day of each month, ▇▇▇▇▇ shall prepare and provide to RGE an invoice showing for the preceding month the Monthly Fixed Amount (prorated for any partial month), the Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by either Party under this Agreement, together with reasonable documentation supporting the invoiced amounts (including the relevant NYISO invoices detailing the revenues and charges related to the RSS Unit). RGE shall pay ▇▇▇▇▇ the Monthly Fixed Amount (net of Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by ▇▇▇▇▇ under this Agreement) for each month during the Term.
(b) In the event that the Acceptance Date is achieved after April 1, 2015, (i) ▇▇▇▇▇ shall track the net amount that would have been owed to or by ▇▇▇▇▇ under this Agreement had the Acceptance Date been achieved by April 1, 2015 (i.e. the Monthly Fixed Amount, net of Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by ▇▇▇▇▇ under this Agreement) for each calendar month (or any partial month) until the day immediately prior to the Acceptance Date (such cumulative net amount for such calendar months, the “Deferred Collection Amount”), (ii) ▇▇▇▇▇ shall prepare and provide to RGE as soon as reasonably practicable, but not later than the twentieth (20th) day of the month after the Acceptance Date is achieved, a calculation of the Deferred Collection Amount, together with reasonable documentation supporting such amount andand (iii) RGE or ▇▇▇▇▇, as the case may be, shall pay the Deferred Collection Amount, plus interest on the unpaid balance thereof at the NYPSC-published interest rate for customer-provided capital that is applicable to investor-owned utilities, in equal monthly installments as part of Ginna’s monthly invoice amounts such that the final monthly installment of the Deferred Collection Amount is scheduled to be paid on the invoice relating to March 2017. ▇▇▇▇▇ shall recalculate the Deferred Collection Amount and the monthly installment payments thereof if any component of the Deferred Collection Amount is subsequently adjusted by any final close‐out invoice issued by the NYISO. For the avoidance of doubt, any Deferred Collection Amount shall not be considered to be part of the Monthly Fixed Amount for purposes of determining any Unplanned Outage Performance Adjustments or any Force Majeure Event Performance Adjustments for periods on and after the Acceptance Date.
(c) In the event that the nuclear waste fee established under the Nuclear Waste Policy Act of 1982 is reinstated during the Term (including the establishment of a fee covering time periods prior to the Term that is payable based upon the operation of the RSS Unit during the Term), the Monthly Fixed Amount shall be increased during the period during the Term in which such nuclear waste fee is in effect by the monthly amount of the nuclear waste fee applicable to the RSS Unit, as calculated based on the actual monthly generation output of the RSS Unit. For the avoidance of doubt, no amount shall be payable by RGE for any such nuclear waste fee that is reinstated after the Term that applies retroactively to the Term.
(d) In the event that ▇▇▇▇▇ pays (i) annual property tax payments or (ii) in lieu of tax payments applicable to the Facility ((i) and (ii) defined herein as “Property Taxes”) in amounts that are lower than $8.41 Million in 2015, $7.25 Million in 2016, $7.39 Million in 2017 or $7.54 Million in 2018, respectively, then the Monthly Fixed Amount shall be decreased during the applicable calendar year in the Initial Term by an amount equal to one-twelfth (1/12) of the difference between the amount set forth above for such year and the paid Property Taxes applicable to such year.
Appears in 2 contracts
Sources: Reliability Support Services Agreement, Reliability Support Services Agreement
Monthly Fixed Amount. (a) The billing period during the Term shall be each calendar month. Not later than the twentieth (20th) day of each month, ▇▇▇▇▇ shall prepare and provide to RGE an invoice showing for the preceding month the Monthly Fixed Amount (prorated for any partial month), the Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by either Party under this Agreement, together with reasonable documentation supporting the invoiced amounts (including the relevant NYISO invoices detailing the revenues and charges related to the RSS Unit). RGE shall pay ▇▇▇▇▇ the Monthly Fixed Amount (net of Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by ▇▇▇▇▇ under this Agreement) for each month during the Term, subject to the Settlement Cap Amount and the Settlement Floor Amount described in Section 4.3.
(b) In the event that the Acceptance Date is achieved after April 1, 2015, (i) ▇▇▇▇▇ shall track the net amount that would have been owed to or by ▇▇▇▇▇ under this Agreement had the Acceptance Date been achieved by April 1, 2015 (i.e. the Monthly Fixed Amount, net of Applicable Revenues, any Unplanned Outage Performance Adjustments, any Force Majeure Event Performance Adjustments and any other amounts payable by ▇▇▇▇▇ under this Agreement) for each calendar month (or any partial month) until the day immediately prior to the Acceptance Date (such cumulative net amount for such calendar months, the “Deferred Collection Amount”), (ii) ▇▇▇▇▇ shall prepare and provide to RGE as soon as reasonably practicable, but not later than the twentieth (20th) day of the month after the Acceptance Date is achieved, a calculation of the Deferred Collection Amount, together with reasonable documentation supporting such amount and
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