Common use of Payback Obligation Clause in Contracts

Payback Obligation. 5.4.4.1. To be sustainable, any contestation relating to whole or parts of the amount of the Payback Obligations resulting from the activity report set forth in paragraphs 5.3.2, must follow the rules set forth in section 12.4.5 of the Functioning Rules. 5.4.4.2. In case of partial or total agreement, within the first period of sixty (60) Working Days set forth in section 12.4.5 of the Functioning Rules, between the Parties on the amount of the Payback Obligations resulting from the delivery activity reports, the new uncontested amount, being the object of the agreement, is then the object of a credit note, to be issued by the CAPACITY PROVIDER in accordance with §803 of the Functioning Rules and article 6. 5.4.4.3. However, and in accordance with section 12.4.5 of the Functioning Rules, in the absence of a partial or total agreement between the Parties on the amount of the Payback Obligations resulting respectively from the delivery activity reports, within the first period of sixty (60) Working Days set forth in section 12.4.5 of the Functioning Rules, the contested amount or the part of the contested amount of the penalties is the object of a separate credit note in accordance with article 6. 5.4.4.4. In case of amicable agreement reached between the Parties during the second period of sixty (60) Working Days set forth in section 12.4.5 of the Functioning Rules, such agreement will translate, as the case may be, in ▇▇▇▇ issuing a corrective credit note towards the amount which had been the object of the separate invoice, in accordance with article 6. Any agreement must comply with the Functioning Rules. 5.4.4.5. If no amicable agreement is reached after the second period of sixty (60) Working Days, the Parties may start the dispute procedure mentioned in Article 15.

Appears in 1 contract

Sources: Capacity Contract

Payback Obligation. 5.4.4.1. To be sustainableadmissible, any contestation relating to the whole or parts part of the amount of the Payback Obligations Obligation resulting from the delivery activity report set forth specified in paragraphs 5.3.2paragraph 5.3.2,5.3.2, must follow comply with the rules set forth out in section 12.4.5 12.4.56 of the Functioning Rules. 5.4.4.2. In case the event of partial or total agreementfull agreement between the Parties, during the first period of sixty (60) Working Days as set out in section 12.4.56 of the Functioning Rules, on the amount of the Payback Obligation resulting from the delivery activity report, the new uncontested amount agreed, is then the subject of an invoice to be issued by ▇▇▇▇ in accordance with §817 of the Functioning Rules and Article 6.Article 6. 5.4.4.3. In accordance with section 12.4.56 of the Functioning Rules, in the absence of partial or full agreement between the Parties on the amount of the Payback Obligation resulting from the delivery activity report, within the first period of sixty (60) Working Days as set forth out in section 12.4.5 of the Functioning Rules, between the Parties on the amount of the Payback Obligations resulting from the delivery activity reports, the new uncontested amount, being the object of the agreement, is then the object of a credit note, to be issued by the CAPACITY PROVIDER in accordance with §803 of the Functioning Rules and article 6. 5.4.4.3. However, and in accordance with section 12.4.5 of the Functioning Rules, in the absence of a partial or total agreement between the Parties on the amount of the Payback Obligations resulting respectively from the delivery activity reports, within the first period of sixty (60) Working Days set forth in section 12.4.5 12.4.56 of the Functioning Rules, the contested contesteddisputed amount or the disputed part of the 17 contested amount of the penalties Payback Obligation is the object subject of a separate credit note invoice in accordance with article Article 6.Article 6. 5.4.4.4. In case of the event an amicable agreement is reached between the Parties during the second period of sixty (60) Working Days as set forth out in section 12.4.5 12.4.56 of the Functioning Rules, such this agreement will translateresult, as the case may be, in ▇▇▇▇ issuing a corrective credit note towards for the amount which had been the object subject of the separate invoice, in accordance with article Article 6. Any agreement must comply with the Functioning Rules. 5.4.4.5. If no amicable agreement is reached after the second period of sixty (60) Working Days, the Parties may start the dispute procedure mentioned in Article 15.Article 15.

Appears in 1 contract

Sources: Capacity Contract

Payback Obligation. 5.4.4.1. To be sustainable, any contestation relating to whole or parts of the amount of the Payback Obligations resulting from the activity report set forth in paragraphs 5.3.2, must follow the rules set forth in section 12.4.5 of the Functioning Rules. 5.4.4.2. In case of partial or total agreement, after within the first period of sixty (60) Working Days set forth in section 12.4.5 of the Functioning Rules, between the Parties on the amount of the Payback Obligations resulting from the delivery activity reports, the new uncontested amount, being the object of the agreement, is then the object of a credit note, to be issued by the CAPACITY PROVIDER in accordance with §803 76803 of the Functioning Rules and article 6. 5.4.4.3. However, and in accordance with section 12.4.5 of the Functioning Rules, in the absence of a partial or total agreement between the Parties on the amount of the Payback Obligations resulting respectively from the delivery activity reports, within the first period of sixty (60) Working Days set forth in section 12.4.5 of the Functioning Rules, the contested amount or the part of the contested amount of the penalties is the object of a separate credit note in accordance with article 6. 5.4.4.4. In case of amicable agreement reached between the Parties following during the second period of sixty (60) Working Days set forth in section 12.4.5 of the Functioning Rules, such agreement will translate, as the case may be, in ▇▇▇▇ issuing a corrective credit note towards the amount which had been the object of the separate invoice, in accordance with article 6. Any agreement must comply with the Functioning Rules. 5.4.4.5. If no amicable agreement is reached after the second period of sixty (60) Working Days, the Parties may start the dispute procedure mentioned in Article 15.

Appears in 1 contract

Sources: Capacity Contract