Common use of Inaccuracy Clause in Contracts

Inaccuracy. Upon any calibration, if it is determined that the accuracy envelope of such Meter(s) is found to be lower than ninety-five percent (95%) or higher than one hundred five percent (105%) expressed as a percentage of the full scale of the Meter(s), or Meter(s) fail to perform to AWWA water metering standards (whichever is more restrictive), then the registration of the flow as determined by such defective Meter(s) shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. In the event it is determined that there are inaccuracies with any Meter, Arlington shall debit or credit Kennedale’s invoice in the subsequent month, as appropriate, to reflect Kennedale’s prior overpayments or underpayments. Arlington shall debit or credit Kennedale’s account in an amount equal to the difference between the amount actually paid by Kennedale and the amount that should have been paid by Kennedale, as determined by the corrected registration of the flow of the inaccurate Meter during the period of inaccuracy as determined in this subsection. Payment adjustments for inaccurate flow measurements will be applied to volume charges only. The Meter(s) will be properly sealed, and the seals shall not be broken unless representatives of both Kennedale and Arlington have been notified and given a reasonable opportunity to be present.

Appears in 2 contracts

Sources: Agreement for the Sale and Delivery of Treated Water, Agreement for the Sale and Delivery of Treated Water

Inaccuracy. Upon any calibration, if it is determined that the accuracy envelope of such Meter(s) is found to be lower than ninety-five percent (95%) or higher than one hundred five percent (105%) expressed as a percentage of the full scale of the Meter(s), or Meter(s) fail to perform to AWWA water metering standards (whichever is more restrictive), then the registration of the flow as determined by such defective Meter(s) shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. In the event it is determined that there are inaccuracies with any Meter, Arlington shall debit or credit KennedaleGrand Prairie’s invoice in the subsequent month, as appropriate, to reflect KennedaleGrand Prairie’s prior overpayments or underpayments. Arlington shall debit or credit KennedaleGrand Prairie’s account in an amount equal to the difference between the amount actually paid by Kennedale Grand Prairie and the amount that should have been paid by KennedaleGrand Prairie, as determined by the corrected registration of the flow of the inaccurate Meter during the period of inaccuracy as determined in this subsection. Payment adjustments for inaccurate flow measurements will be applied to volume charges only. The Meter(s) will be properly sealed, and the seals shall not be broken unless representatives of both Kennedale Grand Prairie and Arlington have been notified and given a reasonable opportunity to be present.

Appears in 1 contract

Sources: Agreement for the Sale and Delivery of Treated Water