Common use of Undercharging Clause in Contracts

Undercharging. If a customer is undercharged as a result of the act or omission of the Retailer or Distributor and the Retailer is prevented by the applicable law from recovering from the customer the full amount undercharged, then if: (a) the undercharging resulted from the Retailer's act or omission, the Retailer will pay to the Distributor the amount of the distributor charges specified in a statement of charges undercharged to that customer which are not permitted to be recovered under the applicable law from that customer; or (b) the undercharging resulted from the Distributor's act or omission, the Distributor will pay to the Retailer the amount of the Retailer's charges undercharged to that customer which are not permitted to be recovered under the applicable law from that customer or which the Retailer using reasonable endeavours is unable to recover from the customer. Each party must notify the other as soon as possible after it becomes aware that a

Undercharging. If a customer is undercharged as a result of the act or omission of the Retailer or Distributor and the Retailer is prevented by the applicable law from recovering from the customer the full amount undercharged, then if: (a) the undercharging resulted from the Retailer's act or omission, the Retailer will pay to the Distributor the amount of the distributor charges specified in a statement of charges undercharged to that customer which are not permitted to be recovered under the applicable law from that customer; oror Electricity Industry Code: NinthTenth Edition (b) the undercharging resulted from the Distributor's act or omission, the Distributor will pay to the Retailer the amount of the Retailer's charges undercharged to that customer which are not permitted to be recovered under the applicable law from that customer or which the Retailer using reasonable endeavours is unable to recover from the customer. Each party must notify the other as soon as possible after it becomes aware that a