Readings and inaccuracy Sample Clauses

The "Readings and inaccuracy" clause defines how discrepancies or errors in measurements, data, or reported information are addressed within an agreement. Typically, this clause outlines the procedures for verifying readings, correcting inaccuracies, and resolving disputes that arise from inconsistent or incorrect data—such as meter readings, financial statements, or technical reports. Its core function is to ensure that both parties have a clear process for identifying and rectifying errors, thereby minimizing misunderstandings and maintaining the integrity of the agreement.
Readings and inaccuracy. 12.7.1 The Seller shall be responsible for retrieving and analysing data from the Facility Unit Metering Installation for billing purposes on the last Business Day of each Month during each Billing Period, as the case may be, at a time mutually agreed between the Parties. 12.7.2 Should the Facility Unit Metering Installation fail to register or, upon testing pursuant to clause 12.6, be found to have a level of inaccuracy falling outside the maximum tolerance level specified in clause 12.6.7, then the Facility Unit Metering Installation shall be recalibrated in accordance with clause 12.6.7 and the Energy Output from the Facility Unit shall, for the period referred to in clause 12.7.4, be measured on the basis of the readings registered by the System Metering Installation. 12.7.3 Should both the System Metering Installation and the Facility Unit Metering Installation fail to register or, upon testing, be found to have a level of inaccuracy falling outside the maximum tolerance level specified in clause 12.6.7, then each of the System Metering Installation and the Facility Unit Metering Installation shall be recalibrated in accordance with clause 12.6.7, and the Energy Output from the Facility Unit shall for the period referred to in clause 12.7.4, be calculated on the basis of such correction procedure as the Parties may agree (using such data as permitted by the relevant Code, including estimated data prepared in accordance with the relevant Code), and in the absence of agreement shall be referred for determination in accordance with clause 28 (Fast-Track Dispute Resolution). 12.7.4 The period referred to in clauses 12.7.2 and 12.7.3 shall be: 12.7.4.1 the actual period during which inaccurate measurements were made, if such period can be determined from the logged readings; or 12.7.4.2 if not determinable from the logged readings, the period immediately preceding the test of the Facility Unit Metering Installation equal to one- half of the time from the date of the last previous test of the Facility Unit Metering Installation; or
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Readings and inaccuracy. (a) The Buyer shall be responsible for interrogating and retrieving data from the Metering Installation for billing purposes on the last Business Day of each Billing Period in the presence of authorised and experienced representatives of the Seller and at a time mutually agreed between the Parties. (b) If the readings are significantly different from each other and/or demonstrate a level of inaccuracy outside acceptable limits pursuant to the relevant standards, the Metering Installation and the Check Metering Installation shall be jointly tested by representatives of the Buyer and the Seller and the following rules shall apply: (i) Should the Metering Installation fail to register or, upon test, be found not to be within the accuracy standards established in the relevant standards, the Net Energy Output shall, for the period referred to in paragraph (iii) below, be measured on the basis of the value registered by the Check Metering Installation. (ii) Should both the Metering Installation and the Check Metering Installation fail to register or, upon test, be found not to be within the accuracy standards established in the relevant standards the meters shall be recalibrated and the Net Energy Output shall, for the period referred to in paragraph (iii) below, be agreed between the Parties on the basis of such correction procedure as they may agree and in the absence of agreement shall be referred to the Expert. (iii) The period referred to in paragraphs (i) and (ii) above is the actual period during which inaccurate measurements were made if such period can be determined from the logged records or, if not readily determinable, the period immediately preceding the test of the Metering Installation equal to one-half of the time from the date of the last previous test of the Metering Installation or, in the case of paragraph (ii) above, of the Metering Installation or Check Metering Installation, whichever was most recently tested.
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Related to Readings and inaccuracy

  • Accuracy of the Company’s Representations and Warranties Each of the representations and warranties of the Company in this Agreement and the other Transaction Documents that are qualified by materiality or by reference to any Material Adverse Effect shall be true and correct in all respects, and all other representations and warranties shall be true and correct in all material respects, as of the date when made and as of the Closing Date as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all respects as of such date.

  • Owner’s Representations and Warranties The Owner represents and warrants that: (a) it is either the sole and full legal and beneficial owner, or has been and is as at the date of this Agreement, the full legal and beneficial Owner of the Collectible and has secured all the necessary permissions and authority to do so and, if requested to do so, shall supply to Coinllectibles all necessary information, documents and material to demonstrate the Ownership to and provenance of the Collectible; (b) all action, conditions and things required to be taken, fulfilled and done (including the obtaining of any necessary consents) in order (a) for the Owner to lawfully enter this Agreement, (b) to allow Coinllectibles to lawfully perform the Services and (c) to ensure that those actions, conditions and things are legal, valid, binding and enforceable, have been taken, fulfilled and done; (c) the transfer of the Collectible to the Purchaser is free from all claims, liens, security interest, encumbrances and all rights of any kind exercisable by third parties, threatened or pending, relating to the Collectible, the Owner’s title to the Collectible, or the Owner’s authority to sell the Collectible; (d) it owns all Intellectual Property in and to the Collectible and the Collectible does not and will not infringe the copyright, trademark or other intangible or proprietary rights of any third-party; (e) it has no knowledge of any claims threatened or pending, nor any knowledge of any facts or circumstances likely to give rise to any claims and shall notify Coinllectibles of any claims in respect of the Collectible as soon as the Owner becomes aware of it or foresees it; (f) this Agreement constitutes a valid and binding obligation of the Owner, and does not violate any applicable laws, agreement, judgement or court order to which it is subject or bound, or by which it or any substantial part of its assets is bound or affected; (g) there are no legal proceedings pending, threatened, or foreseeable against the Owner, which would affect Coinllectibles’ ability to perform the Services in this Agreement, nor any proceedings against the Owner related to bankruptcy, insolvency, liquidation, dissolution or winding up; (h) its entry into and/or performance of or compliance with its obligations under this Agreement do not and will not violate any law to which it is subject; (i) it has not created and shall not create, or permit to subsist, any duplicate, reproduction or replica of the Collectible (whether unique or in edition) and it has not licensed to any third-party the right to create any duplicate, reproduction or replica of the Collectible; and (j) the exportation, if any, of the Collectible from any country has been in full conformity with the laws of such country, and the importation of the Collectible into any country has been in full conformity with the laws of such country.

  • Payer Representations For the purpose of Section 3(e) of this Agreement, Party A will make the following representation and Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) of this Agreement by reason of material prejudice to its legal or commercial position.

  • Customer’s Representations and Warranties Upon ▇▇▇▇▇▇’s request from time to time, Customer will provide Seller with current financial information. Customer represents and warrants that any financial information provided to Seller will be true and correct in all material respects and shall fairly and accurately present the financial condition of Customer as of the date of such financial statements. Customer hereby authorizes Seller to review and evaluate Customer’s credit background from time to time.

  • Contractor’s Representations and Warranties Contractor represents and warrants that neither the execution of this Agreement by Contractor, nor the acts contemplated hereby, nor compliance by Contractor with any provisions hereof will: a) Violate any provision of the charter documents of Contractor; b) Violate any laws, rules, regulations, or any judgment, decree, order, regulation or rule of any court or governmental authority applicable to Contractor; or c) Violate, or be in conflict with, or constitute a default under, or permit the termination of, or require the consent of any person under, any agreement to which Contractor may be bound, the occurrence of which in the aggregate would have a material adverse effect on the properties, business, prospects, earnings, assets, liabilities, or condition (financial or otherwise) of Contractor.