Common use of Pass-Through Items Clause in Contracts

Pass-Through Items. (i) Pass-Through Items may be invoiced by the Company to BPDB on the basis of actual cost incurred by the Company and in the currency in which the cost is incurred at any time following the end of the Month in which such costs are incurred by the Company and any such invoice presented shall be due for payment within twenty-five (25) Days after delivery thereof. (ii) The reasonable costs incurred by the Company for modifications or expansion of the protective devices required by BPDB pursuant to Section 5A.2 of the Implementation Agreement shall constitute Pass-Through Items under this Agreement. (iii) Custom Duties and VAT which are paid by the Company under protest in the circumstances envisaged by Section 12.1(b) of the Implementation Agreement and which are not refunded by the Custom Authority prior to the Commercial Operations Date shall constitute Pass-Through Items hereunder. The Company shall refund to BPDB any payment it shall receive from the Customs Authority, which has been paid by BPDB under this Agreement.