Common use of Annual Invoicing Clause in Contracts

Annual Invoicing. On the thirtieth (30th) day following the end of each Rolling Period, Seller shall deliver to PacifiCorp a report (and supporting data) detailing whether Seller achieved the Output Guarantee for the most recently completed Rolling Period. In the case of the Seller failing to achieve the Output Guarantee in the prior Rolling Period, Seller shall also provide a report (and supporting data) to PacifiCorp detailing the Output Shortfall for the first Contract Year occurring during such Rolling Period. Seller shall provide documentation to support all data and calculations used in each report to calculate the percent Expected Energy. Thirty (30) days after PacifiCorp has received the report and all support data, if there is an Output Shortfall, PacifiCorp shall deliver to Seller an invoice showing PacifiCorp's computation of liquidated damages calculated pursuant to Section 6.12.2. In preparing such invoices, PacifiCorp shall utilize the meter data provided to PacifiCorp for the Contract Year in question, but may also rely on historical averages and such other information as may be available to PacifiCorp at the time of invoice preparation, if the meter data for such Contract Year is then incomplete or otherwise not available. To the extent required, PacifiCorp shall true up any such invoice as promptly as practicable following its receipt of actual results for the relevant Contract Year. Seller shall pay to PacifiCorp, by wire transfer of immediately available funds to an account specified in writing by PacifiCorp or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice, and shall within thirty (30) days after receiving the invoice raise any objections regarding any disputed portion of the invoice. All disputes regarding such invoices shall be subject to Section 10.4. Objections not made by Seller within the thirty (30) day period shall be deemed waived.

Annual Invoicing. On the thirtieth (30th) day following the end of each Rolling Period, Seller shall deliver to PacifiCorp a report (and supporting data) detailing whether Seller achieved the Output Guarantee for the most recently completed Rolling Period. In the case of the Seller failing to achieve the Output Guarantee in the prior Rolling Period, Seller shall also provide a report (and supporting data) to PacifiCorp detailing the Output Shortfall for the first Contract Year occurring during such Rolling Period. Seller shall provide documentation to support all data and calculations used in each report to calculate the percent Expected EnergyOutput. Thirty (30) days after PacifiCorp has received the report and all support data, if there is an Output Shortfallapplicable, PacifiCorp shall deliver to Seller an invoice showing PacifiCorp's computation of liquidated damages calculated pursuant to Section 6.12.2. In preparing such invoices, PacifiCorp shall utilize the meter data provided to PacifiCorp for the Contract Year in question, but may also rely on historical averages and such other information as may be available to PacifiCorp at the time of invoice preparation, if the meter data for such Contract Year is then incomplete or otherwise not available. To the extent required, PacifiCorp shall true up any such invoice as promptly as practicable following its receipt of actual results for the relevant Contract Year. Seller shall pay to PacifiCorp, by wire transfer of immediately available funds to an account specified in writing by PacifiCorp or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice, and shall within thirty (30) 30 days after receiving the invoice raise any objections regarding any disputed portion of the invoice. All disputes regarding such invoices shall be subject to Section 10.4. Objections not made by Seller within the thirty (30) -day period shall be deemed waived.

Annual Invoicing. On the thirtieth (30th) day following the end of each Rolling Period, Seller shall deliver to PacifiCorp a report (and supporting data) detailing whether Seller achieved the Output Guarantee for the most recently completed Rolling Period. In the case of the Seller failing to achieve the Output Guarantee in the prior Rolling Period, Seller shall also provide a report (and supporting data) to PacifiCorp detailing the Output Shortfall for the first Contract Year occurring during such Rolling Period. Seller shall provide documentation to support all data and calculations used in each report to calculate the percent Expected EnergyOutput. Thirty (30) days after PacifiCorp has received the report and all support data, if there is an Output Shortfallapplicable, PacifiCorp shall deliver to Seller an invoice showing PacifiCorp's computation of liquidated damages calculated pursuant to Section 6.12.2. In preparing such invoices, PacifiCorp shall utilize the meter data provided to PacifiCorp for the Contract Year in question, but may also rely on historical averages and such other information as may be available to PacifiCorp at the time of invoice preparation, if the meter data for such Contract Year is then incomplete or otherwise not available. To the extent required, PacifiCorp shall true up any such invoice as promptly as practicable following its receipt of actual results for the relevant Contract Year. Seller shall pay to PacifiCorp, by wire transfer of immediately available funds to an account specified in writing by PacifiCorp or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice, and shall within thirty (30) days after receiving the invoice raise any objections regarding any disputed portion of the invoice. All disputes regarding such invoices shall be subject to Section 10.4. Objections not made by Seller within the thirty (30) -day period shall be deemed waived.

Annual Invoicing. On the thirtieth (30th) 30th day following the end of each Rolling Period, Seller shall deliver to PacifiCorp a report (and supporting data) detailing whether Seller achieved the Output Guarantee for the most recently completed Rolling Period. In the case of the Seller failing to achieve the Output Guarantee in the prior Rolling Period, Seller shall also provide a report (and supporting data) to PacifiCorp detailing the Output Shortfall for the first Contract Year occurring during such Rolling Period. Seller shall provide documentation to support all data and calculations used in each report to calculate the percent Expected EnergyOutput. Thirty (30) days after PacifiCorp has received the report and all support data, if there is an Output Shortfallapplicable, PacifiCorp shall deliver to Seller an invoice showing PacifiCorp's ’s computation of liquidated damages calculated pursuant to Section 6.12.2. In preparing such invoices, PacifiCorp shall utilize the meter data provided to PacifiCorp for the Contract Year in question, but may also rely on historical averages and such other information as may be available to PacifiCorp at the time of invoice preparation, if the meter data for such Contract Year is then incomplete or otherwise not available. To the extent required, PacifiCorp shall true up any such invoice as promptly as practicable following its receipt of actual results for the relevant Contract Year. Seller shall pay to PacifiCorp, by wire transfer of immediately available funds to an account specified in writing by PacifiCorp or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice, and shall within thirty (30) days after receiving the invoice raise any objections regarding any disputed portion of the invoice. All disputes regarding such invoices shall be subject to Section 10.4. Objections not made by Seller within the thirty (30) -day period shall be deemed waived.waived.‌