Common use of Utility Meters Clause in Contracts

Utility Meters. (A) EDNC shall install, operate and maintain, at its expense, demand metering equipment to measure EDNC's demand and consumption of the Utilities. EDNC's readings will be the basis upon which any charges will be assessed against EDNC for the consumption of Utilities, unless any reading is proven to be in error in accordance with Section 3.4(B). (B) EDNC shall calibrate all meters in accordance with manufacturer's recommendations. EDNC shall give Bayer three (3) days notice of, and the right to observe, the calibration of any meters installed by EDNC. EDNC shall recalibrate each meter as recommended by the manufacturer. If during any such periodic recalibration any meter is found to be inaccurate by more than one-half of one percent (0.50%), then EDNC shall repair or recalibrate such meter to the lesser of (i) manufacturer's tolerances or (ii) plus or minus one-half of one percent (0.50%). If a meter is inaccurate by more than one-half of one percent (0.50%), the party that has benefitted from the inaccuracy shall refund to the other party one hundred percent (100%) of the discrepancy, back to the date of the last calibration or, if identifiable, back to the date of the failure that triggered the inaccuracy. If feasible, EDNC shall affix its seal to each meter after each calibration. EDNC agrees to exercise reasonable efforts to conduct all meter readings, inspections, recalibrations and repairs in such a manner that it will not unreasonably interfere with Bayer's operations at the Bayer Baytown Plant. EDNC shall also permit Bayer, at Bayer's expense, to inspect the meters at any time, provided such inspection does not unreasonably interfere with EDNC's operations at the EDNC Baytown Plant. (C) If any inspection by Bayer reveals an inaccurate meter (as determined under the preceding paragraph), then the parties shall negotiate an appropriate adjustment to be made to the cost of the affected Utility.

Utility Meters. (A) EDNC EDNLP shall install, operate and maintain, at its expense, maintain existing demand metering equipment to measure EDNCthe Nitric Acid Facility's demand and consumption of the UtilitiesUtilities and Additives. EDNC's The readings will be the basis upon which any charges will be assessed against EDNC EDNLP for the consumption of UtilitiesUtilities and Additives, unless any reading is proven to be in error in accordance with Section 3.4(B11.4(B). (B) EDNC EDNLP shall calibrate all meters in accordance with manufacturer's recommendations. EDNC EDNLP shall give Bayer BMS three (3) days notice of, and BMS has the right to observe, observe the calibration of any meters installed by EDNCEDNLP. EDNC EDNLP shall recalibrate each meter as recommended by the manufacturer. If during any such periodic recalibration any meter is found to be inaccurate by more than one-half of one percent (0.50%)the manufacturer's tolerances, then EDNC EDNLP shall repair or recalibrate such meter to the lesser of (i) manufacturer's tolerances or (ii) plus or minus one-half of one percent (0.50%)tolerances. If a meter is inaccurate by more than one-half of one percent (0.50%)the manufacturer's tolerances, the party that has benefitted benefited from the inaccuracy shall refund to the other party one hundred percent (100%) of the discrepancy, back to the date of the last calibration or, if identifiable, back to the date of the failure that triggered the inaccuracy. If feasible, EDNC shall affix its seal to each meter after each calibration. EDNC EDNLP agrees to exercise reasonable efforts to conduct all meter readings, inspections, recalibrations and repairs in such a manner that it will not unreasonably interfere with BayerBMS's operations at the Bayer Baytown Plant. EDNC shall also permit BayerBMS may, at BayerBMS's expense, to inspect the meters at any time, provided such inspection does not unreasonably interfere with EDNC's operations at the EDNC Baytown Plantoperation of the Nitric Acid Facility. (C) If any inspection by Bayer BMS reveals an inaccurate meter (as determined under the preceding paragraph), then the parties shall negotiate an appropriate adjustment to be made to the cost of the affected Utility. (D) EDNLP shall provide the electricity, 32% caustic, and chlorine usage to BMS each month to be used for monthly billing. (E) BMS shall use the data collection system (currently PI) to determine the monthly Utility usages from the EDNLP meters. (F) EDNLP shall provide BMS a summary of each Utility usage each month. This summary will serve as a reference to the values obtained in 11.4(E) and shall be included in the monthly Fixed Costs Monthly Charge and Variable Costs Component. EDNLP and BMS shall exercise commercially reasonable efforts to resolve any significant discrepancies in a timely manner.