Common use of Disputed Amounts Clause in Contracts

Disputed Amounts. (a) If CAISO or the Responsible Utility disputes a Revised Estimated or Revised Adjusted RMR Invoice or Final Invoice or part thereof submitted by Owner under this Agreement, or if the Responsible Utility disputes an CAISO Invoice or part thereof that relates to an RMR Invoice or Final Invoice submitted by Owner to CAISO under this Agreement, and if such dispute is based in whole or part on an alleged error or breach or default of Owner’s obligations to CAISO under this Agreement, then CAISO promptly shall give written notice to Owner of the reasons for the dispute and the amount in dispute. CAISO shall pay Owner the disputed amount without offset, recoupment or reduction of any kind or nature. Such payment may, however, be made by CAISO under protest with reservation of the right to seek a refund with interest at the Interest Rate from the date of the disputed payment to the date of repayment. If CAISO notifies Owner that CAISO or the Responsible Utility disputes any amount of Owner’s RMR Invoice or Final Invoice, Owner shall at its own cost provide CAISO with all information and assistance CAISO reasonably requires to resolve the dispute and shall join with CAISO in any discussions and negotiations with the Responsible Utility to resolve the dispute. The dispute shall be subject to ADR provided that in such ADR proceeding only one entity (CAISO or Responsible Utility) will be the disputing party with respect to such claim. Owner shall be obligated to refund to CAISO as a result of resolution of such dispute only if, and to the extent, the resolution determines the amount invoiced by Owner exceeded the amounts due Owner under this Agreement for the period covered by the RMR Invoices(s) and/or Final Invoice. Any amount agreed or determined to be owed by Owner to CAISO under this Section 9.6 (a) shall be refunded by Owner to CAISO with interest, by Owner’s inclusion of such refund (including interest) in a Prior Period Change Worksheet included with the next appropriate May or December Estimated RMR Invoice as specified in Sections 9.1(g) through 9.1(l) of this Agreement. If Owner does not include such refund (including interest) in the appropriate RMR Invoice, then such refund shall be made by CAISO’s deduction of such amount from the next Revised Estimated and Revised Adjusted RMR Invoice(s) and Final Invoice submitted by Owner to CAISO under this Agreement until such amount is extinguished, or, if this Agreement has terminated, by paying such amount to CAISO. Interest shall be at the Interest Rate unless it is determined through ADR that the amount invoiced by Owner was submitted without a good faith basis in fact or law, in which case interest shall be at twice the Interest Rate.

Disputed Amounts. (a) If CAISO or the Responsible Utility disputes a Revised Estimated or Revised Adjusted RMR Invoice or Final Invoice or part thereof submitted by Owner under this Agreement, or if the Responsible Utility disputes an CAISO Invoice or part thereof that relates to an RMR Invoice or Final Invoice submitted by Owner to CAISO under this Agreement, and if such dispute is based in whole or part on an alleged error or breach or default of Owner’s obligations to CAISO under this Agreement, then CAISO promptly shall give written notice to Owner of the reasons for the dispute and the amount in dispute. CAISO shall pay Owner the disputed amount without offset, recoupment or reduction of any kind or nature. Such payment may, however, be made by CAISO XXXXX under protest with reservation of the right to seek a refund with interest at the Interest Rate from the date of the disputed payment to the date of repayment. If CAISO notifies Owner that CAISO or the Responsible Utility disputes any amount of Owner’s RMR Invoice or Final Invoice, Owner shall at its own cost provide CAISO with all information and assistance CAISO reasonably requires to resolve the dispute and shall join with CAISO in any discussions and negotiations with the Responsible Utility to resolve the dispute. The dispute shall be subject to ADR provided that in such ADR proceeding only one entity (CAISO or Responsible Utility) will be the disputing party with respect to such claim. Owner shall be obligated to refund to CAISO as a result of resolution of such dispute only if, and to the extent, the resolution determines the amount invoiced by Owner exceeded the amounts due Owner under this Agreement for the period covered by the RMR Invoices(s) and/or Final Invoice. Any amount agreed or determined to be owed by Owner to CAISO under this Section 9.6 (a) shall be refunded by Owner to CAISO with interest, by Owner’s inclusion of such refund (including interest) in a Prior Period Change Worksheet included with the next appropriate May or December Estimated RMR Invoice as specified in Sections 9.1(g) through 9.1(l) of this Agreement. If Owner does not include such refund (including interest) in the appropriate RMR Invoice, then such refund shall be made by CAISO’s deduction of such amount from the next Revised Estimated and Revised Adjusted RMR Invoice(s) and Final Invoice submitted by Owner to CAISO under this Agreement until such amount is extinguished, or, if this Agreement has terminated, by paying such amount to CAISO. Interest shall be at the Interest Rate unless it is determined through ADR that the amount invoiced by Owner was submitted without a good faith basis in fact or law, in which case interest shall be at twice the Interest Rate.

Disputed Amounts. (a) If CAISO ISO or the Responsible Utility disputes a Revised Estimated or Revised Adjusted RMR Invoice or Final Invoice or part thereof submitted by Owner under this Agreement, or if the Responsible Utility disputes an CAISO ISO Invoice or part thereof that relates to an RMR Invoice or Final Invoice submitted by Owner to CAISO ISO under this Agreement, and if such dispute is based in whole or part on an alleged error or breach or default of Owner’s obligations to CAISO ISO under this Agreement, then CAISO ISO promptly shall give written notice to Owner of the reasons for the dispute and the amount in dispute. CAISO ISO shall pay Owner the disputed amount without offset, recoupment or reduction of any kind or nature. Such payment may, however, be made by CAISO ISO under protest with reservation of the right to seek a refund with interest at the Interest Rate from the date of the disputed payment to the date of repayment. If CAISO ISO notifies Owner that CAISO ISO or the Responsible Utility disputes any amount of Owner’s RMR Invoice or Final Invoice, Owner shall at its own cost provide CAISO ISO with all information and assistance CAISO ISO reasonably requires to resolve the dispute and shall join with CAISO ISO in any discussions and negotiations with the Responsible Utility to resolve the dispute. The dispute shall be subject to ADR provided that in such ADR proceeding only one entity (CAISO ISO or Responsible Utility) will be the disputing party with respect to such claim. Owner shall be obligated to refund to CAISO ISO as a result of resolution of such dispute only if, and to the extent, the resolution determines the amount invoiced by Owner exceeded the amounts due Owner under this Agreement for the period covered by the RMR Invoices(s) and/or Final Invoice. Any amount agreed or determined to be owed by Owner to CAISO ISO under this Section 9.6 (a) shall be refunded by Owner to CAISO ISO with interest, by Owner’s inclusion of such refund (including interest) in a Prior Period Change Worksheet included with the next appropriate May or December Estimated RMR Invoice as specified in Sections 9.1(g) through 9.1(l) of this Agreement. If Owner does not include such refund (including interest) in the appropriate RMR Invoice, then such refund shall be made by CAISOISO’s deduction of such amount from the next Revised Estimated and Revised Adjusted RMR Invoice(s) and Final Invoice submitted by Owner to CAISO ISO under this Agreement until such amount is extinguished, or, if this Agreement has terminated, by paying such amount to CAISOISO. Interest shall be at the Interest Rate unless it is determined through ADR that the amount invoiced by Owner was submitted without a good faith basis in fact or law, in which case interest shall be at twice the Interest Rate.

Disputed Amounts. (a) If CAISO ISO or the Responsible Utility Affected Participating Transmission Owner disputes a Revised Estimated or Revised Adjusted RMR Invoice or Final an Invoice or part thereof submitted by Owner under this Agreement, or if the Responsible Utility Affected Participating Transmission Owner disputes an CAISO a Affected Participating Transmission Owner Invoice or part thereof that relates to an RMR Invoice or Final Invoice submitted by Owner to CAISO ISO under this Agreement, and if such dispute is based in whole or part on an alleged error or breach or default of Owner’s obligations to CAISO ISO under this Agreement, then CAISO ISO promptly shall give written notice to Owner of the reasons for the dispute and the amount in dispute. CAISO ISO shall pay Owner the disputed amount without offset, recoupment or reduction of any kind or nature. Such payment may, however, be made by CAISO ISO under protest with reservation of the right to seek a refund with interest at the Interest Rate from the date of the disputed payment to the date of repayment. If CAISO ISO notifies Owner that CAISO ISO or the Responsible Utility Affected Participating Transmission Owner disputes any amount of Owner’s RMR Invoice or Final Invoice, Owner shall at its own cost provide CAISO ISO with all information and assistance CAISO ISO reasonably requires to resolve the dispute and shall join with CAISO ISO in any discussions and negotiations with the Responsible Utility Affected Participating Transmission Owner to resolve the dispute. The dispute shall be subject to ADR provided that in such ADR proceeding only one entity (CAISO ISO or Responsible UtilityAffected Participating Transmission Owner) will be the disputing party with respect to such claim. Owner shall be obligated to refund to CAISO ISO as a result of resolution of such dispute only if, and to the extent, the resolution determines the amount invoiced by Owner exceeded the amounts due Owner under this Agreement for the period covered by the RMR Invoices(s) and/or Final Invoice. Any amount agreed or determined to be owed by Owner to CAISO ISO under this Section 9.6 10.6 (a) shall be refunded paid by Owner to CAISO ISO with interest, by Ownerinterest from the date of ISO’s inclusion payment of the disputed Invoice within thirty (30) days; such refund (including interest) in a Prior Period Change Worksheet included with provision to make payments shall survive the next appropriate May or December Estimated RMR Invoice as specified in Sections 9.1(g) through 9.1(l) termination of this Agreement. If Owner does not include such refund (including interest) in the appropriate RMR Invoice, then such refund shall be made by CAISO’s deduction of such amount from the next Revised Estimated and Revised Adjusted RMR Invoice(s) and Final Invoice submitted by Owner to CAISO under this Agreement until such amount is extinguished, or, if this Agreement has terminated, by paying such amount to CAISO. Interest shall be at the Interest Rate unless it is determined through ADR that the amount invoiced by Owner was submitted without a good faith basis in fact or law, in which case interest shall be at twice the Interest Rate.

Disputed Amounts. (a) If CAISO ISO or the Responsible Utility disputes a Revised Estimated or Revised Adjusted RMR Invoice or Final Invoice an invoice or part thereof submitted by Owner under this Agreement, or if the Responsible Utility disputes an CAISO a Responsible Utility Invoice or part thereof that relates to an RMR Invoice or Final Invoice invoice submitted by Owner to CAISO ISO under this Agreement, and if such dispute is based in whole or part on an alleged error or breach or default of Owner’s obligations to CAISO ISO under this Agreement, then CAISO ISO promptly shall give written notice to Owner of the reasons for the dispute and the amount in dispute. CAISO ISO shall pay Owner the disputed amount without offset, recoupment or reduction of any kind or nature. Such payment may, however, be made by CAISO ISO under protest with reservation of the right to seek a refund with interest at the Interest Rate from the date of the disputed payment to the date of repayment. If CAISO ISO notifies Owner that CAISO ISO or the Responsible Utility disputes any amount of Owner’s RMR Invoice or Final Invoiceinvoice, Owner shall at its own cost provide CAISO ISO with all information and assistance CAISO ISO reasonably requires to resolve the dispute and shall join with CAISO ISO in any discussions and negotiations with the Responsible Utility to resolve the dispute. The dispute shall be subject to ADR provided that in such ADR proceeding only one entity (CAISO ISO or Responsible Utility) will be the disputing party with respect to such claim. Owner shall be obligated to refund to CAISO ISO as a result of resolution of such dispute only if, and to the extent, the resolution determines the amount invoiced by Owner exceeded the amounts due Owner under this Agreement for the period covered by the RMR Invoices(s) and/or Final Invoiceinvoice. Any amount agreed or determined to be owed by Owner to CAISO ISO under this Section 9.6 (a) shall be refunded by Owner to CAISO ISO with interest, by Owner’s inclusion of such refund (including interest) in a Prior Period Change Worksheet included with the next appropriate May or December Estimated RMR Invoice as specified in Sections 9.1(g) through 9.1(l) of this Agreement. If Owner does not include such refund (including interest) in the appropriate RMR Invoice, then such refund shall be made by CAISOISO’s deduction of such amount from the next Revised Estimated and Revised Adjusted RMR Invoice(sinvoice(s) and Final Invoice submitted by Owner to CAISO ISO under this Agreement until such amount is extinguished, or, if this Agreement has terminated, by paying such amount to CAISOISO. Interest shall be at the Interest Rate unless it is determined through ADR that the amount invoiced by Owner was submitted without a good faith basis in fact or law, in which case interest shall be at twice the Interest Rate.

Disputed Amounts. (a) If CAISO ISO or the Responsible Utility disputes a an Revised Estimated or Revised Adjusted RMR Invoice Iinvoice or Final Invoice or part thereof submitted by Owner under this Agreement, or if the Responsible Utility disputes an CAISO Responsible UtilityISO Invoice or part thereof that relates to an RMR Invoice Iinvoice or Final Invoice submitted by Owner to CAISO ISO under this Agreement, and if such dispute is based in whole or part on an alleged error or breach or default of Owner’s obligations to CAISO ISO under this Agreement, then CAISO ISO promptly shall give written notice to Owner of the reasons for the dispute and the amount in dispute. CAISO ISO shall pay Owner the disputed amount without offset, recoupment or reduction of any kind or nature. Such payment may, however, be made by CAISO ISO under protest with reservation of the right to seek a refund with interest at the Interest Rate from the date of the disputed payment to the date of repayment. If CAISO ISO notifies Owner that CAISO ISO or the Responsible Utility disputes any amount of Owner’s RMR Invoice Iinvoice or Final Invoice, Owner shall at its own cost provide CAISO ISO with all information and assistance CAISO ISO reasonably requires to resolve the dispute and shall join with CAISO ISO in any discussions and negotiations with the Responsible Utility to resolve the dispute. The dispute shall be subject to ADR provided that in such ADR proceeding only one entity (CAISO ISO or Responsible Utility) will be the disputing party with respect to such claim. Owner shall be obligated to refund to CAISO ISO as a result of resolution of such dispute only if, and to the extent, the resolution determines the amount invoiced by Owner exceeded the amounts due Owner under this Agreement for the period covered by the RMR Invoices(siInvoices(s) and/or Final Invoice. Any amount agreed or determined to be owed by Owner to CAISO ISO under this Section 9.6 (a) shall be refunded by Owner to CAISO ISO with interest, by Owner’s inclusion of such refund (including interest) in a Prior Period Change Worksheet included with the next appropriate May or December Estimated RMR Invoice as specified in Sections 9.1(g) through 9.1(l) of this Agreement. If Owner does not include such refund (including interest) in the appropriate RMR Invoice, then such refund shall be made by CAISOISO’s deduction of such amount from the next Revised Estimated and Revised Adjusted RMR Invoice(sIinvoice(s) and Final Invoice submitted by Owner to CAISO ISO under this Agreement until such amount is extinguished, or, if this Agreement has terminated, by paying such amount to CAISOISO. Interest shall be at the Interest Rate unless it is determined through ADR that the amount invoiced by Owner was submitted without a good faith basis in fact or law, in which case interest shall be at twice the Interest Rate.