Common use of Billing and Payment Clause in Contracts

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer Houston will render to Owner Shipper a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point Receipt Points and the Equivalent Quantities quantity of Gas delivered hereunder at the Delivery Point(s) Points during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the previous Month's Metering Fee(s) due, if applicable, together with the previous Month's Scheduling Deviation and the applicable Scheduling Fee due, any Excess Imbalance existing and the applicable Imbalance Fee due, and the cumulative imbalance existing at the end of the current Month. Owner Shipper agrees to pay Gatherer Houston by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by OwnerShipper. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer Houston to Owner Shipper and paid by Owner Shipper or refunded or credited by GathererHouston, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner Shipper shall, if requested by Gatherer for good and reasonable cause Houston at any time during the term of this Agreement, provide Gatherer Houston with such payment securities as may be acceptable to GathererHouston. In the event Owner Shipper fails to promptly provide payment securities acceptable to Gatherer Houston when requested by GathererHouston, Gatherer Houston and Owner Shipper agree that Gatherer Houston may suspend its performance hereunder until such time as Owner Shipper furnishes acceptable payment securities to GathererHouston. In addition to all other remedies available to GathererHouston, should Owner Shipper fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative represen­tative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On (a) Seller shall send a billing statement to Buyer on or before the tenth (10th) day after the end of each Billing Cycle. If any net amount is due to Seller with respect to any such billing statement, Buyer shall pay such amount to Seller within ten (10) days after receipt of such billing statement. If any net amount is due to Buyer with respect to any such billing statement, Seller shall pay such amount to Buyer on or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at day after the end of such Billing Cycle. The billing statement shall show (i) the current Month. Owner agrees megawatt-hours of Delivered Energy for such Billing Cycle as Scheduled by the Seller and confirmed by the Buyer pursuant to pay Gatherer by wire transfer Exhibit H; (according ii) the amounts due Seller for that Billing Cycle in respect of (A) the Delivered Energy Payment and (B) any other amounts due to Seller hereunder; (iii) the amounts due Buyer for that Billing Cycle in respect of (A) the Peak Adjustment Payment, if applicable, (unless Buyer makes the election provided for in Exhibit G) and (B) any other amounts due to Buyer hereunder; and (iv) the data reasonably pertinent to the instructions set forth in calculation of the applicable statement payments due to Seller or invoice) Buyer. For purposes of billing for Replacement Capacity and Replacement Energy, the full amount payable according to such statement on or before ten (10) Days following Capacity of the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner resources providing Replacement Capacity and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month Replacement Energy shall be determined in accordance with Module E, such determination to be at variance submitted by Seller to Buyer in accordance with the estimated quantity theretofore made the basis of billing Section 2.4. Any amounts due and payment hereunder. Owner shall, if requested by Gatherer for good payable and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged not paid by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than due date will be deemed delinquent and will accrue interest at the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overduePrime Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madein full.

Billing and Payment. On No later than three (3) business days following Company’s end-of-the-month meter reading date for the month of delivery, Company will provide Xxxxxx with a statement detailing the total quantities delivered by Xxxxxx into its Pool for the preceding month as well as the total metered consumption in Dekatherms for each individual Company Customer Account served by Xxxxxx. Xxxxxx is responsible for billing each of Company’s Customer(s) served from Xxxxxx’x Pool for all Gas consumed by such Customers determined pursuant to Article VII above except for unauthorized quantities or before other penalties assessed directly to a Customer by Company. Company shall continue to bill its applicable transportation and Facilities Charges directly to the fifteenth (15thCustomer. If the total quantities present in Xxxxxx’x Pool fail to cover the total accumulated usage for Company’s Customer(s) Day of each calendar served by Xxxxxx’x Pool in any month, Gatherer will render Company shall xxxx Xxxxxx for any shortage quantities pursuant to Owner a statement setting forth, the procedures described in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforArticle VIII above. Additionally, such Such statement shall set forth be furnished to Xxxxxx by Company no later than the cumulative imbalance existing at fifth (5th) business day following Company’s end-of-the-month meter reading date for the end month of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount delivery and is due and payable according to such statement on or before within ten (10) Days following days after the receipt thereof by Ownerstatement date. In the event such quantities are estimated for any period, corrected statements A bill shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as deemed delinquent when it remains unpaid after the case may be, in each instance in which due date set forth on the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderbill. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner If Xxxxxx fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any remit the full amount when the same becomes due, interest on the unpaid portion shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two of one percent (21%) per annummonth. If a Xxxxxx withholds any portion of any amount billed by Company as a disputed amount and any portion or all of the amount so withheld is determined to have been properly billed, then interest (but as set forth above) shall accrue on the withheld amount that was properly billed from the date due until the date that Company receives it. Company may terminate this Agreement when any bill becomes delinquent. If the total quantities present in Xxxxxx’x Pool exceed the total accumulated usage for the Customer(s) served from Xxxxxx’x Pool in any month, Company shall purchase such Gas pursuant to the procedures described in Article VIII above. Company shall furnish Xxxxxx with a statement identifying the quantities purchased from Xxxxxx no event greater later than the maximum rate fifth (5th) business day following Company’s end-of-the-month meter reading date for the month of interest permitted by lawdelivery and shall pay Xxxxxx no later than ten (10) with adjustments in such rate to be made on days after the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madedate.

Billing and Payment. On or before the fifteenth 15th calendar day of each month of the Contract Term, following the Initial Delivery Date, Seller shall invoice Buyer, in arrears, for all amounts due from Buyer to Seller under this Agreement, including, as applicable, the MFP, MVP, Start-Up Payment, Gas Reimbursements, Additional Test Costs, Governmental Charges Payment, less Third Party Payments. On or before the 15th calendar day of each month of the Contract Term, following the Expected Initial Delivery Date, Buyer shall invoice Seller, in arrears, for all amounts due from Seller to Buyer (15thor credited by Buyer to Seller) Day under this Agreement, including, as applicable, Delay Damages, Gas Reimbursements, Carbon Dioxide Emissions Payments, Additional Gas Payments, Gas True-Up Payments, OFO Charges, Ancillary Service Charges and Deviation Charges, including those CAISO charges which have been charged to Buyer and not previously invoiced to Seller for which Seller is responsible for paying to Buyer pursuant to this Agreement, Failed Start Penalty, Forced Outage Compensation and Governmental Charges Payment. For the avoidance of doubt, Settlement Data from the CAISO for the Units shall be used to represent Buyer’s Schedule, as applicable, in all payment calculations performed pursuant to this Section 6.1. If Seller does not have access to this data, Buyer shall provide Seller with such data no later than five (5) Business Days after the close of each calendar month, Gatherer will render to Owner a statement setting forth. If, in terms of Mcf's and MMBtu'sany Settlement Interval, Settlement Data is unavailable, the total quantity Parties shall base Buyer’s Schedule for that Settlement Interval, if applicable, on (i) any oral or electronic record of Gas received hereunder as measured at dispatch instructions from Buyer or the Measurement Point CAISO, or if (i) is not available, then Buyer’s Schedule shall be based on (ii) ADS dispatch instructions, or if both (i) and (ii) are also not available, then Buyer’s Schedule shall be based on (iii) Delivered Energy for the Equivalent Quantities of Gas delivered hereunder at Units. In each case, invoices shall include amounts accrued under this Agreement in the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionallymonth, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according provided that to the instructions set forth extent the determination of amounts due under this Agreement are based on invoices rendered by the CAISO, Gas pipelines, LDCs, or Governmental Authorities in the applicable statement or invoice) preceding month, the full amount payable according Parties acknowledge and agree that such amounts may relate to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gathererprior calendar months, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate adjusted from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madetime.

Billing and Payment. On (a) Seller shall send a billing statement to Buyer on or before the fifteenth tenth (15th10th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at day after the end of each Billing Cycle. If any net amount is due to Seller pursuant to any such billing statement, Buyer shall pay such amount to Seller by the current Month. Owner agrees to pay Gatherer by wire transfer later of (according to the instructions set forth in the applicable statement or invoicei) the full amount payable according to such statement on or before ten (10) Business Days following after receipt of such billing statement, or (ii) the receipt thereof by Owner. In 20th day of the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance month in which the billing statement was received. If any net amount is due to Buyer pursuant to any such billing statement, Seller shall pay such amount to Buyer by the later of (i) ten (10) Business Days after receipt of such billing statement, or (ii) the 20th day of the month in which the billing statement was received. The billing statement shall show the kilowatt-hours of Delivered Energy for such Billing Cycle; the amounts due Seller for that Billing Cycle in respect of (i) the Capacity Payment and the Energy Payment, and (ii) any other amounts due to Seller hereunder; the amounts due Buyer for that Billing Cycle in respect of (iii) the Peak Adjustment Payment, and (iv) any other amounts due to Buyer hereunder; and the data reasonably pertinent to the calculation of the payments due to Seller or Buyer. If meter readings cannot be made during such Billing Cycle (or any portion thereof), the Buyer shall estimate deliveries to it for such period, tender payment accordingly, and make an adjustment for actual quantity received or delivered hereunder with respect to a Month purchases in the next Billing Cycle's statement. For purposes of billing for Replacement Capacity and Replacement Energy, the Capacity of the resources providing Replacement Capacity and Replacement Energy shall be determined in accordance with Module E of the MISO Tariff, such determination to be at variance submitted by Seller and Buyer and the Schedule(s) submitted in accordance with Section 2.4 to determine the estimated quantity theretofore made amount of Replacement Capacity and Replacement Energy supplied and delivered to Buyer. Any amounts not paid by the basis of billing due date shall be deemed delinquent and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon interest at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdueDefault Interest Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madein full.

Billing and Payment. On Following the release of such escrow funds, the payment terms and invoicing procedures set forth in Section 7.1(b) of the Coke Purchase Agreement shall be implemented by Ispat Inland and IHCC with respect to the Coke Purchase Agreement and the Letter Agreement, and the payment terms and invoicing procedures set forth in Section 7.1(a) of the Coke Purchase Agreement thereafter shall have no further force or before effect with respect to coke sales not previously invoiced pursuant to the Coke Purchase Agreement and the Letter Agreement. In order to implement such payment terms and invoicing procedures, outstanding invoices for coke sales made pursuant to the Coke Purchase Agreement and the Letter Agreement as of the date such escrow funds are released shall be paid by Ispat Inland within three (3) business days thereafter. Moreover, if such escrow funds are released after the fifteenth (15th) Day day of each calendar the applicable month, Gatherer will render then (for that month only) on the date of such release IHCC shall transmit to Owner Ispat Inland a statement setting forthprovisional invoice for the amount of coke purchased by Ispat Inland during such month, and such amount shall be due and payable in terms immediately available funds on the last business day of Mcf's and MMBtu'sthe month during which such provisional invoice is transmitted to Ispat Inland, or three (3) business days after receipt of such provisional invoice, whichever is later. Final adjustments to such provisional invoice shall be made in accordance with Section 7.1(b) of the Coke Purchase Agreement. In addition, the total quantity of Gas received hereunder as measured at procedures by which Ispat Inland is paid for the Measurement Point and Inland Services it provides under the Equivalent Quantities of Gas delivered hereunder at Services Agreement shall be modified so that the Delivery Point(s) during payment for Inland Services provided by Ispat Inland in any month continues to be offset against the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end cost of the current MonthCoke purchased by Ispat Inland in such month. Owner agrees A provisional charge for such services, which shall be based upon Ispat Inland’s good faith estimate of the payment due by IHCC to pay Gatherer Ispat Inland under the Services Agreement, shall be made in connection with the provisional invoice submitted by wire transfer (according IHCC to Ispat Inland for the instructions applicable month in accordance with Section 7.1(b) of the Coke Purchase Agreement. Final adjustments to such provisional charge, which shall be based upon actual charges for such services payable by IHCC to Ispat Inland in accordance with the Services Agreement less the estimated charges set forth in the applicable statement or provisional invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer made contemporaneously with Inland’s submission to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records IHCC of the other party to provisional charge for the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madefollowing month.

Billing and Payment. On 10.1 Billing and Payment - Marketer shall render to Company, at the address indicated in Section 15.5, on or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of month an invoice for all Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) purchased during the immediately preceding Month month according to the measurements, computations, and the amount payable thereforprices provided herein. AdditionallyInvoices may be based initially upon estimates, such statement shall set forth the cumulative imbalance existing at the end of the current Monthbut will be corrected to actuals as soon as possible. Owner Company agrees to pay Gatherer make payment under this Agreement to Marketer for its account in available funds by wire transfer (according at such location as Marketer may from time to time designate in writing; provided that the instructions set forth Parties recognize that Marketer has entered into a Subordination Agreement with Company and the Lenders, pursuant to which certain payments under this Agreement are subordinated to other expenses of Company, and that the terms of such agreement are incorporated in this Agreement and shall govern the applicable statement or invoice) the full amount payable according to payment and subordination of such statement on or before amounts. Payment shall be made by Company within ten (10) Days following of the date of receipt thereof by Ownerof Marketer's invoice. In If the event such quantities are estimated for invoiced amount is not paid when due, then interest on any periodunpaid amount shall accrue at the then current prime rate of interest of Chase Manhattan Bank, corrected statements shall be rendered by Gatherer N.A., not to Owner exceed any applicable maximum lawful rate, together with any court costs, reasonable attorneys' fees and paid by Owner or refunded or credited by Gatherer, as all other costs of collection which Marketer may incur in enforcing the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term terms of this Agreement. If such default continues thirty (30) Days after written notice from Marketer to Company, then Marketer, after giving the Lenders notice thereof and the right to cure within such period, may suspend Gas deliveries under this Agreement without liability and without prejudice to other remedies. Notwithstanding the above, if a good faith dispute arises between the Parties over the amounts due under the invoice for any matters, then Company will pay that portion of the statement not in dispute on or before the due date and both Parties will continue to perform their obligations under this Agreement during such dispute; provided that (a) Company will be required to provide Gatherer with such in writing, within thirty (30) Days, the reasons for its dispute, (b) Company will be required to provide, within thirty (30) Days of a written request by Marketer, a good and sufficient surety bond guaranteeing payment securities as may be acceptable to Gatherer. In Marketer of any portion of the amount ultimately found due that is not subject to subordination under the terms of the Subordination Agreement and (c) in the event Owner fails Company and Marketer are unable to promptly provide payment securities acceptable to Gatherer when requested by Gathererresolve the disputed portion of the bill within sixty (60) Days, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same matter shall be overdue, such interest submitted to be paid when arbitrxxxxn under the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records provisions of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeArticle XIII.

Billing and Payment. On No later than three (3) business days following PSNC’s end-of-the-month meter reading date for the month of delivery, PSNC will provide Xxxxxx with a statement detailing the total quantities delivered by Xxxxxx into its Pool for the preceding month as well as the total metered consumption in Dekatherms for each individual PSNC Customer Account served by Xxxxxx. Xxxxxx is responsible for billing each of PSNC’s Customer(s) served from Xxxxxx’x Pool for all Gas consumed by such Customers determined pursuant to Article VII above with the exception of unauthorized quantities or before other penalties assessed directly to a Customer by PSNC. PSNC shall continue to xxxx its applicable transportation and Facilities Charges directly to the fifteenth (15thCustomer. If the total quantities present in Xxxxxx’x Pool fail to cover the total accumulated usage for PSNC’s Customer(s) Day of each calendar served by Xxxxxx’x Pool in any month, Gatherer will render PSNC shall xxxx Xxxxxx for any shortage quantities pursuant to Owner a statement setting forth, the procedures described in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforArticle VIII above. Additionally, such Such statement shall set forth be furnished to Xxxxxx by PSNC no later than the cumulative imbalance existing at fifth (5th) business day following PSNC’s end-of-the-month meter reading date for the end month of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount delivery and is due and payable according to such statement on or before within ten (10) Days following days after the receipt thereof by Ownerstatement date. In the event such quantities are estimated for any period, corrected statements A xxxx shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as deemed delinquent when it remains unpaid after the case may be, in each instance in which due date set forth on the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderxxxx. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner If Xxxxxx fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any remit the full amount when the same becomes due, interest on the unpaid portion shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two of one percent (21%) per annummonth. If a Xxxxxx withholds any portion of any amount billed by PSNC as a disputed amount and any portion or all of the amount so withheld is determined to have been properly billed, then interest (but as set forth above) shall accrue on the withheld amount that was properly billed from the date due until the date that PSNC receives it. PSNC may terminate this Agreement when any xxxx becomes delinquent. If the total quantities present in Xxxxxx’x Pool exceed the total accumulated usage for the Customer(s) served from Xxxxxx’x Pool in any month, PSNC shall purchase such Gas pursuant to the procedures described in Article VIII above. PSNC shall furnish Xxxxxx with a statement identifying the quantities purchased from Xxxxxx no event greater later than the maximum rate fifth (5th) business day following PSNC’s end-of-the-month meter reading date for the month of interest permitted by lawdelivery and shall pay Xxxxxx no later than ten (10) with adjustments in such rate to be made on days after the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madedate.

Billing and Payment. On or before the fifteenth (15th) Day Provider shall perform all billing tasks except for actual submission of each calendar monthclaims to Payors, Gatherer will render to Owner including, without limitation, acquiring pre-authorization for such services if pre-authorization is required by a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforPayor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according Except to the instructions extent other required under the Payor Agreement, Provider shall submit completed Clean Claims to LIBERTY IPA, and not to a Payor directly. In order to meet this requirement, Provider shall provide to LIBERTY IPA an accurate and detailed description of all Covered Services rendered to Members by completing either (i) an electronic data interchange (EDI) submission in accordance with the Provider Manual, or an American Dental Association (ADA) claim form. Provider shall submit claims to LIBERTY IPA within the claim submission time frame required by applicable law.. Provider hereby acknowledges and agrees that it will submit all claims via LIBERTY IPA’s billing system and software; provided, however, LIBERTY IPA reserves the right to change the procedure as it deems appropriate or efficient. Provider shall comply with all applicable Clean Claim requirements, as more fully set forth in the Provider Manual. Provider’s failure to submit a Clean Claim, subject to the claim correction and resubmission procedures set forth in the Provider Manual and applicable statement law, forfeits Provider’s right to payment on that claim unless the failure was the result of a catastrophic event, as determined by LIBERTY IPA, that substantially interfered with the Provider’s normal business operations. LIBERTY IPA shall not be responsible for the performance of billing tasks, except that it shall submit to the Payor claims provided by Provider that are considered Clean Claims, as set forth herein. LIBERTY IPA may, but shall not be obligated to, submit claims to Payors, or invoice) the full amount payable according to such statement on pay Provider, for Covered Services that Payor required pre- authorization or before ten (10) Days following the receipt thereof by Ownerreferral, and where Provider did not appropriately meet Payor requirements. In the event such quantities are estimated for any periodthat LIBERTY IPA and/or Payor makes an incorrect payment or an overpayment, corrected statements shall be rendered by Gatherer or in the event that a Payor requires LIBERTY IPA to Owner and refund certain amounts already paid by Owner or refunded or credited by GathererLIBERTY IPA to Provider for Covered Services provided, as the case may be, in each instance in Provider hereby agrees to refund and/or reimburse such amounts (less any fees) to LIBERTY IPA within thirty (30) business days of receipt of notice (which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as notice may be acceptable to Gatherermade via email) from LIBERTY IPA. In the event Owner If Provider fails to promptly provide payment securities acceptable to Gatherer when requested by Gathererrefund or reimburse such amounts, Gatherer and Owner agree that Gatherer LIBERTY IPA may suspend its performance hereunder withhold any further payments until Provider shall make such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto refund or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madereimbursement.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer Service Provider will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer Service Provider by wire transfer transfercheck (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer Service Provider to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to GathererGathererService Provider, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten fifteen (101015) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount not in dispute when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On Merchant will pay Curb the amounts due hereunder as set forth herein. The amounts payable by Merchant to Curb hereunder do not include any excise, sales, use, value-added or before other taxes, and therefore are subject to increase in the fifteenth amount of any such taxes (15thexcluding any tax on Curb’s net income) Day that Curb may be required to collect or pay as a result thereof. Any amount which is not paid by Merchant when due hereunder shall bear a late fee at the rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, and Merchant shall reimburse Curb for its cost and expenses (including reasonable attorneys fees and court or arbitration costs) incurred in connection with its attempts to collect any overdue amounts. Unless otherwise stated elsewhere herein or in a Supplemental Agreement, on a monthly basis, Curb will provide Merchant with an invoice for any amounts due and payable by Merchant to Curb hereunder or under any Supplemental Agreements, which invoices will be distributed to Merchant via email. Five (5) days or more following the date of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu'sinvoice, the total quantity amount of Gas received hereunder as measured such invoice shall be debited from Merchant’s designated bank account via an ACH transaction. Merchant shall keep Curb apprised of any changes in its primary email address for delivery of invoices or the appropriate account for ACH debits; provided that Merchant represents and warrants that it will be duly entitled and empowered to authorize ACH debits from any such bank account designated for ACH debits at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) all times during the immediately preceding Month and the amount payable therefor. Additionally, which such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Ownerbank account is so designated. In the event such quantities are estimated for any periodCurb is unable to successfully debit Merchant’s account, corrected statements shall Merchant will be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis charged an insufficient funds fee of billing and payment hereundertwenty-five dollars ($25.00). Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner If Merchant fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, or if for any period during which other reason Curb is not satisfied with the same shall creditworthiness of Merchant, then, in addition to (and without prejudice of) any other rights and remedies available to Curb at law, in equity, under contract (including without limitation, these Terms of Use), or otherwise, Curb will be overdue, such interest entitled to be paid when the amount past due is paid. Each party hereto withhold or its representative shall have the right at suspend Merchant’s access to and/or use of any or all reasonable times to examine the books and records of the other party CurbPay Services until Merchant reestablishes its creditworthiness to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeCurb’s reasonable satisfaction.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer Houston will render to Owner Xxxxxxx a statement setting forth, in terms of McfXxx's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point Receipt Points and the Equivalent Quantities quantity of Gas delivered hereunder at the Delivery Point(s) Points during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the previous Month's Metering Fee(s) due, if applicable, together with the previous Month's Scheduling Deviation and the applicable Scheduling Fee due, any Excess Imbalance existing and the applicable Imbalance Fee due, and the cumulative imbalance existing at the end of the current Month. Owner Xxxxxxx agrees to pay Gatherer Houston by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by OwnerXxxxxxx. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer Houston to Owner Shipper and paid by Owner Xxxxxxx or refunded or credited by GathererHouston, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner Shipper shall, if requested by Gatherer for good and reasonable cause Houston at any time during the term of this Agreement, provide Gatherer Houston with such payment securities as may be acceptable to GathererHouston. In the event Owner Xxxxxxx fails to promptly provide payment securities acceptable to Gatherer Houston when requested by GathererHouston, Gatherer Houston and Owner Xxxxxxx agree that Gatherer Houston may suspend its performance hereunder until such time as Owner Shipper furnishes acceptable payment securities to GathererHouston. In addition to all other remedies available to GathererHouston, should Owner Shipper fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative represen­tative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.. [Assume this will be affected by Enron On-line's payment procedures/structure/guidelines?]

Billing and Payment. On BROKER agrees to conduct all billing services to shippers. CARRIER shall invoice BROKER for its (CARRIER's) charges, as mutually agreed in writing, by fax, or before the fifteenth (15thby electronic means, contained in BROKER's Rate Form(s) Day of each calendar monthincorporated herein by reference. Additional rates for truckload or LTL shipments, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end or modifications or amendments of the current Month. Owner agrees above rates, or additional rates, may be established to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any periodmeet changing market conditions, corrected statements shipper requirements, BROKER requirements, and/or specific shipping schedules as mutually agreed upon, and shall be confirmed in writing (or by fax) by both Parties. The Parties agree that BROKER is the sole Party responsible for payment of CARRIER's charges. CARRIER waives any and all claims CARRIER may subsequently have against the Shipper or Shipper’s customer for payment of charges for services rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment CARRIER hereunder. Owner shallThis undertaking by CARRIER shall survive the termination of this Agreement. Compensation paid to CARRIER under this Agreement may be withheld in whole or in part by BROKER, if requested or any of its subsidiaries or related companies, to satisfy claims or shortages arising out of this or any other Agreement with CARRIER, or to satisfy advances made to, or on behalf of CARRIER, or to satisfy any debt owed by Gatherer for good and reasonable cause at CARRIER to BROKER or any time during of its subsidiaries or related companies. Provided CARRIER is not in default under the term terms of this Agreement, provide Gatherer with such payment securities as may be acceptable and subject to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer4(B)(iii), Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail BROKER agrees to pay any amount when CARRIER's invoice within thirty (30) days of receipt of the same becomes duexxxx of lading or proof of delivery. Upon CARRIER’s acceptance of payment for a load, interest shall accrue thereon at a rate equal CARRIER agrees to waive all rights and remedies it has or may have against BROKER under 49 C.F.R. part 371 with regard to that particular load. Payment and other disputes are subject to the prime rate from time terms of paragraph 7.D, which provides in part that prevailing parties are entitled to time in effect recovery of costs, expenses and charged reasonable attorney fees. BROKER reserves the right to reduce compensation to CARRIER by the Citibankactual amount of additional cost incurred by BROKER when BROKER must arrange alternative transportation services to replace services promised, N.A.but not provided, New York, New York, plus two percent due to CARRIER’s negligence. BOND: BROKER shall maintain a surety bond on file with the Federal Motor Carrier Safety Administration (2%FMCSA) per annum, (but in no event greater the form and amount not less than the maximum rate of interest permitted that required by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paidthat agency's regulations. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.CARRIER RESPONSIBILITIES:

Billing and Payment. On 9.1 By the tenth (10th) day of each Month, MarkWest shall render to CITGO an invoice including backup documentation supporting the calculation of price and volume for the amount of Hydrogen purchased during the preceding Month and delivered in accordance with this Agreement. Payment therefore shall be made by (i) electronic funds transfer or automated clearinghouse (preferably CTX or CCD+ with faxed information), or (ii) wire transfer. Such payment must be received on or before the fifteenth (15th) 20th Day of each calendar monththe Month in which such billing is rendered ("Due Date"). CITGO shall be responsible for and timely pay any and all taxes levied on the Hydrogen sold to CITGO hereunder, Gatherer will render to Owner except for MarkWest's income, franchise and/or property taxes and/or any new or additional taxes enacted in lieu of the aforementioned taxes. If CITGO, acting in good faith, disputes any invoiced amount, CITGO shall timely pay the undisputed amount. If a statement setting forth, Party discovers or is advised of any errors in terms of Mcf's and MMBtu'sany invoice, the total quantity Parties will promptly meet to review such errors in good faith and will take such prompt corrective actions as they may agree to. Upon resolution of Gas received hereunder as measured such dispute by the Parties, any previously unpaid and due amount will be promptly paid together with interest at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by GathererDefault Rate, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunderdefined below. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest Late payments shall accrue thereon interest at a rate equal to the prime rate "Prime Rate", as published, from time to time in effect and charged time, by the CitibankWall Street Journal, N.A., New York, New Yorkunder "Money Rates", plus two percent 2% (2%) per annum"Default Rate"), (but in no event greater than from the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is date until paid. Each party hereto or its representative In addition, should CITGO be more than thirty (30) Days late in making any payment of undisputed amounts, MarkWest shall have the right at all reasonable times to examine the books and records cease deliveries of Hydrogen hereunder with five (5) calendar Days prior notice. Such cessation of deliveries, however, shall not relieve CITGO from its obligations for payment of the other party to the extent necessary to verify the accuracy of any statementBase Service Charge, charge, computation or demand made under or pursuant to except as otherwise provided in this Agreement; provided, however, CITGO shall not be entitled to exercise any rights and remedies under Sections 7.7, 7.8 and 11.3 for such cessation. Any statement All invoices under this Agreement shall be final as rendered to all parties unless questioned within two (2) years after payment thereof has been made.CITGO at the following address in accordance with Article XIV: CITGO Refining and Chemicals Company L.P. Attn: Accounts Payable P. O. Xxx 0000 Xxxxxx Xxxxxxx, XX 00000

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner Xxxxx agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may beSeller a standard monthly account service fee, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested an amount established by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate Seller from time to time as part of Seller's standard terms and conditions applicable to that category of Seller's customers who are similarly situated to Buyer. Except for special offers that are specifically identified by Seller as having extended payment terms, the terms of payment for merchandise purchased from Seller shall be as set forth in Seller's current standard terms and conditions that are in effect at the time of acceptance by Seller of Buyer's order. Seller shall furnish Buyer with written or electronic notice of any changes in its standard terms and charged by conditions in advance of the Citibankeffective date of the change, N.A.as more fully provided in Paragraph 15 below. Subject to Xxxxx's right to withhold payment in good faith for disputed line items as more fully provided below, New YorkXxxxx agrees to pay all amounts invoiced or shown as currently due on Seller's billing statements or invoices promptly on or before the due date. If this Agreement terminates, New Yorkor if Xxxxx's account with Seller becomes past due, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as entire balance remaining under any change in such prime rate, for any period during which the same extended payment terms shall be overdue, such interest to be automatically accelerated and become immediately due and payable by Buyer upon receipt of Seller's invoice therefor. Xxxxx agrees that all amounts not paid when due shall accrue a late payment service charge in accordance with Seller's then-current standard terms and conditions. Any credits issued by Seller to Buyer shall be processed in accordance with Seller's internal procedures and posted to Buyer s account and billing statements. Under no circumstances shall Buyer be entitled to take any offsets against or deduct any chargebacks from billing statements from Seller, except as follows in the case of a good faith billing dispute with respect to particular billing line items. In the case of such a dispute, Xxxxx shall promptly notify Seller of the details of the dispute. Following this notification, Xxxxx shall be entitled to withhold payment of the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party disputed billing line item(s) without penalty while Xxxxxx investigates the matter during the following sixty (60) days. Buyer shall cooperate in the investigation by allowing Xxxxxx to inspect any documents or merchandise relating to the extent necessary to verify dispute. At the accuracy conclusion of any statementits investigation, chargeSeller shall either adjust Buyer's account for the disputed items, computation or demand made under or pursuant to this Agreementfurnish Buyer with an explanation of the reasons if an adjustment will not be made. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made7.

Billing and Payment. On or before CESC, Mysuru shall issue monthly electricity bill for the fifteenth (15th) Day gross-energy exported to the grid on the scheduled date of each calendar monthmeter reading. CESC, Gatherer will render to Owner a statement setting forth, Mysuru shall pay for the gross energy exported as per the tariff agreed in terms this agreement within 30 days of Mcf's and MMBtu's, issue of bill. The import of energy recorded in the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) bi directional meter during the immediately preceding Month billing period, shall be billed as per the Clause 6.1 of this agreement and shall be deducted out of the amount payable therefortowards gross energy exported. AdditionallyThe CESC, such statement Mysuru shall set forth the cumulative imbalance existing pay interest at the end rate of 0.75% per month, in case of any delay in payment, beyond 30 (thirty) days period from the date of issue of bill, for the gross-energy exported. The Seller shall continue to pay the charges for the consumption of electricity to his premises as per the retail tariff bill issued to him as required. Term and Termination of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any periodAgreement This agreement, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gathererin force for a period of 25 years from the date of commissioning of the SRTPV system, unless terminated otherwise, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment provided hereunder. Owner shallIf the CESC, Mysuru commits any breach of the terms of the Agreement, Seller shall serve a written notice specifying the breach and calling upon the CESC, Mysuru to remedy/ rectify the same, within 30 (thirty) days or at such other period and at the expiry of 30 (Thirty) days or such other period from the delivery of the notice, Seller may terminate the agreement by delivering the termination notice, if requested the CESC, Mysuru fails to remedy/ rectify the same. If the Seller, commits any breach of the terms of the Agreement, the CESC, Mysuru shall serve a written notice specifying the breach and calling upon the seller to remedy/ rectify the same within 30 (thirty) days or at such other period and at the expiry of 30 (Thirty) days or such other period from the delivery of the notice, the CESC, Mysuru may terminate the agreement by Gatherer for good and reasonable cause at any time during delivering the term termination notice, if the seller, fails to remedy/ rectify the same. Upon termination of this Agreement, provide Gatherer with such payment securities as may be acceptable Seller shall cease to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal supply power to the prime rate from time to time in effect distribution system and charged any injection of power shall not be paid for by the CitibankCESC, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeMysuru.

Billing and Payment. Seller shall render to Buyer (by regular mail, facsimile or other acceptable means pursuant to Section 15.1) for each Month during the Delivery Term a statement setting forth the Capacity Payment, the payment for Buyer Variable O&M Costs and the payment for Buyer Startup Costs for such Month and any other charges due to Seller, including payments or credits between the Parties pursuant to Sections 4.4 and 5.2 during the preceding Month, and the amounts due to Seller from Buyer therefor. If Seller is missing any relevant information at the xxxx Xxxxxx prepares a regular monthly invoice, then Seller may separately invoice Buyer for any affected payment or amount in a supplemental invoice or subsequent regular invoice upon receipt of the relevant information. On or before twenty (20) Days after receipt of Seller's statement, or if such Day is not a Business Day, on the fifteenth (15th) Day of each calendar monthprovided in Section 1.2(f), Gatherer will render to Owner a statement setting forthBuyer shall render, in terms of Mcf's and MMBtu'sby wire transfer, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, set forth on such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth payment address provided in Exhibit E hereto. If either Party disputes the applicable statement or invoice) accuracy of a statement, the full amount payable according Parties shall use their best efforts to such statement on or before ten (10) Days following resolve the receipt thereof by Ownerdispute in accordance with Section 16. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in Any adjustments which the actual quantity received or delivered hereunder Parties may subsequently agree to make with respect to a Month any such billing dispute shall be determined made by a credit or additional charge on the next statement rendered. If the Parties are unable to be at variance with resolve the estimated quantity theretofore made dispute in this manner, any amounts remaining in dispute that are disputed in good faith as of the basis of due date for such billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as period may be acceptable to Gathererwithheld pending final resolution of the dispute in accordance with Section 16, provided that any undisputed amount shall be promptly paid; and provided, further, that amounts paid as a result of the settlement or other resolution of a dispute shall be paid with interest thereon from the original due date until paid at the Late Payment Rate. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest Overdue payments shall accrue thereon interest from, and including, the due date to, but excluding, the date of payment at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeLate Payment Rate.

Billing and Payment. On Seller shall invoice Buyer semimonthly for coal delivered. Payment shall be made by check or before wire transfer, due within twenty (20) days after the fifteenth (15th) Day date of each calendar monthinvoice; provided that Buyer may withhold payment of the portion of any invoice which is the subject of a bona fide dispute under the provisions of this Agreement. Checks and wire transfers shall be made to Seller's account as follows: Wire Transfer: Bank: FIRST SECURITY BANK OF UTAH ABA No.: 000000000 Account No.: ** Account Name: Spring Creek Coal Company 18 *CONFIDENTIAL TREATMENT REQUESTED* Check: Account Name: Spring Creek Coal Company Account No: ** Address: P.0. Xxx 00000 Xxxx Xxxx Xxxx, Gatherer will render Xxxx 00000-0000 The details of this account shall, from time to Owner a statement setting forthtime, be notified in terms of Mcf's and MMBtu's, writing to Buyer. All amounts due for which payment is not timely made shall bear interest from the total quantity of Gas received hereunder as measured date on which payment became due at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable thereforthen prevailing prime interest rate quoted by Xxxxxx Guaranty Trust Company plus 2 percent per annum. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements All invoiced amounts shall be rendered by Gatherer subject, however, to Owner subsequent adjustment wherever this Agreement specifically so provides, and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder no interest shall be payable to either party with respect to the amounts of such adjustments. If payment is not made when due, Seller may give Buyer written notice of such past due payment. Three (3) days after such notice is effective, pursuant to Section 10.07, Seller may suspend deliveries until the invoice, including any interest, has been paid. If the invoice is not paid within fifteen (15) days after Seller's notice becomes effective, Buyer's failure to make payment when due shall constitute a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term material breach of this AgreementAgreement by Buyer, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gathererand Seller may, Gatherer and Owner agree that Gatherer may suspend at its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherersole option, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to cancel this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On Big Rivers and LEM shall reconcile all monthly amounts due and owing other than the Initial Fixed Payment or before Annual Fixed Payment as soon after the fifteenth (15th) Day of each calendar month's end as detailed information is available. Each month, Gatherer will render Big Rivers shall xxxx XXX for the Operating Pass-Through Costs due pursuant to Owner a statement setting forthSection 3.3(b) within two days of receipt of an invoice for such Operating Pass-Through Costs from its Operator, in terms of Mcf's if any, and, separately, for any other amounts due hereunder, if any, and MMBtu'sLEM shall xxxx Big Rivers for the Power Value Amount and any other amounts due hereunder, if any, after adjusting for the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions credits set forth in Section 6.6 which may apply for that month. Each Party shall xxxx the applicable statement other by facsimile (with the original of such xxxx transmitted to LEM or invoiceto Big Rivers, as applicable, by certified mail) the full amount payable according for amounts owing pursuant to such statement on this Section 6 or before ten (10) Days following the receipt thereof by Owneras otherwise specified in this Agreement. In the event such quantities are estimated for any period, corrected statements Payment shall be rendered made for the amount of such xxxx, including any disputed amounts, by Gatherer to Owner and paid electronic wire transfer by Owner the later of 15 days after facsimile receipt of such xxxx or refunded or credited by Gatherer, as the case may be, in each instance in which last Business Day of the actual quantity received or delivered hereunder month except with respect to a Month the Operating Pass-Through Costs which LEM shall pay no later than the Monthly Payment Date; provided, however, Big Rivers shall not be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail required to pay any amount when amounts under this Section 6.5 to LEM unless all Operating Pass-Through Costs due and owing by LEM to Big Rivers, and for which LEM has been properly billed, shall have first been paid in full. Payments rendered to Big Rivers with respect to the same becomes dueOperating Pass-Through Costs shall be made to (not applicable) or such other financial institution or account number as Big Rivers and its Operator may specify from time to time in writing. Payments rendered to Big Rivers with respect to other than the Operating Pass-Through Costs shall be made to Farmers Bank of Henderson, Kentucky, ABA No. 000000000 for the credit of Big Rivers General Fund, Account No. 0000000, or such other financial institution or account number as Big Rivers may specify from time to time in writing. Payments rendered to LEM shall be made to PNC Bank, Kentucky, ABA No. 000000000, for the credit of LG&E Marketing, Inc., Account No. 3100532665, or such other financial institution or account number as LEM may specify from time to time in writing. Simple interest shall accrue thereon on any unpaid amounts or any credits at a rate equal to the prime rate from time to time in effect and charged by POWER PURCHASE AGREEMENT BETWEEN BIG RIVERS ELECTRIC CORPORATION AND LG&E ENERGY MARKETING INC. Default Rate during the Citibankperiod, N.A.if any, New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto delinquency or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeoutstanding credit.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten fifteen (1015) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. If Owner disputes any invoiced amount, it shall promptly notify Gatherer and the parties shall promptly resolve such dispute prior to the due date of the invoiced amount. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount not in dispute when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On or before As compensation for the fifteenth (15th) Day of each calendar monthService provide by Carrier, Gatherer will render to Owner a statement setting forth, Customer shall pay in terms of Mcf's U.S. dollars the recurring and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point non-recurring rates and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions charges set forth in the ASR, together with any supplemental charges (such as for changes to the requested start date, design changes and expedites) and any applicable statement or invoice) Taxes and Additional Charges as defined in Section 15, below (collectively, the full amount payable according to such statement "Charges'). Such Charges shall be invoiced monthly in advance, commencing on or before ten (10) Days the first day of the month following the receipt thereof by OwnerService Date and on the same day of the month for each month thereafter. In Charges shall begin accruing on the event Service Date and on the same day of the month for each month thereafter. Charges shall begin accruing on the Service Date. The initial invoice also shall include Charges for Service accrued prior to the commencement of billing. Payment for such quantities are estimated for any period, corrected statements Charges shall be rendered due within thirty (30) days of the invoice date ("Payment Due Date"). If payment is not received by Gatherer to Owner and paid by Owner or refunded or credited by Gathererthe Payment Due Date, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month Customer shall be considered delinquent and the delinquent balance due shall be subject to interest charges at the rate of the lesser of one and one-half percent (1 1/2 %) per month or the highest amount permitted by law, until paid in full. If Customer in good faith disputes any charges, it shall timely pay all undisputed charges, and also within thirty (30) days of the invoice date give Carrier written notice of the disputed amount(s) and written documentation of the reason(s) therefor or any such disputes shall be deemed waived. Any disputed amounts that are determined by Carrier to be at variance in error or not in compliance with this Agreement will be adjusted as a credit on the estimated quantity theretofore made the basis of billing next month's invoice following such determination. Any disputed amounts that in good faith and payment hereunder. Owner shall, if requested supported by Gatherer for good reasonable documentation are deemed by Carrier to be correct as billed and reasonable cause at any time during the term of in compliance with this Agreement, provide Gatherer will be due and payable by Customer, upon notification and demand by Carrier, along with such the late payment securities as may be acceptable interest charges accrued from the Payment Due Date. Customer shall pay to Gatherer. In Carrier all costs, including, but not limited to, legal fees, court costs and the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy fees of any statementcollection agency, charge, computation or demand made incurred by Carrier in exercising its rights under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On 7.1. Billing and Payment Seller shall send a billing statement to Buyer on or before the tenth (10th) day after the end of each Billing Cycle. If any net amount is due to Seller with respect to any such billing statement, Buyer shall pay such amount to Seller within ten (10) days after receipt of such billing statement. If any net amount is due to Buyer with respect to any such billing statement, Seller shall pay such amount to Buyer on or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at day after the end of such Billing Cycle. The billing statement shall show (i) the current Month. Owner agrees megawatt-hours of Delivered Energy for such Billing Cycle as Scheduled by the Seller and confirmed by the Buyer pursuant to pay Gatherer by wire transfer Exhibit H; (according ii) the amounts due Seller for that Billing Cycle in respect of (A) the Delivered Energy Payment and (B) any other amounts due to Seller hereunder; (iii) the amounts due Buyer for that Billing Cycle in respect of (A) the Peak Adjustment Payment, if applicable, (unless Buyer makes the election provided for in Exhibit G) and (B) any other amounts due to Buyer hereunder; and (iv) the data reasonably pertinent to the instructions set forth in calculation of the applicable statement payments due to Seller or invoice) Buyer. For purposes of billing for Replacement Capacity and Replacement Energy, the full amount payable according to such statement on or before ten (10) Days following Capacity of the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner resources providing Replacement Capacity and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month Replacement Energy shall be determined in accordance with Module E, such determination to be at variance submitted by Seller to Buyer in accordance with the estimated quantity theretofore made the basis of billing Section 2.4. Any amounts due and payment hereunder. Owner shall, if requested by Gatherer for good payable and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged not paid by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than due date will be deemed delinquent and will accrue interest at the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overduePrime Rate, such interest to be calculated from and including the due date to but excluding the date the delinquent amount is paid when in full. In the event of a dispute as to the amount past of any xxxx, the disputing Party shall notify the other Party of the amount in dispute and Buyer or Seller, as applicable, shall pay to the other Party the undisputed portion of the xxxx on or prior to the due date therefor, as identified in Section 7.1(a). Buyer or Seller, as applicable, shall pay, with an interest charge computed at the Prime Rate, from and including the date payment was due to but excluding the date payment is paidmade, any portion of the disputed amount ultimately found to be proper. Each party hereto In the event of a refund, Buyer or its representative Seller, as applicable, shall pay, with an interest charge computed at the Prime Rate, from and including the date the disputed payment was made to but excluding the date the refund payment is made, any refund amount ultimately found to be due to the other Party. Neither the Buyer nor Seller shall have the right at all reasonable times to examine the books and records challenge any billing statement rendered or received hereunder after a period of the other party to the extent necessary to verify the accuracy longer of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within (A) two (2) years from the date such statement was rendered or (B) ten (10) days after payment thereof the last MISO settlement statement for the last Operating Day included in the billing statement. In the event that any such billing statement depends in whole or in part upon estimated data, this two (2) year limitation period shall be deemed to begin on the first day of the Billing Cycle in which such estimated data is adjusted to actual. Each Party reserves to itself all rights, setoffs, counterclaims, recoupment, combination of accounts, liens and other remedies, rights and defenses which 29 such Party has been madeor may be entitled to (whether by operation of law or in equity, under contract or otherwise). The obligations of each Party to make payments under this Agreement may be offset against each other, setoff or recouped therefrom.

Billing and Payment. On Recipient will promptly pay any and all bills and invoices that it receives from Provider or before its Affiliates for the fifteenth Transition Services (15th) Day of each calendar monthand, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu'sthe extent agreed upon pursuant to Section 4.01, the total quantity of Gas received hereunder as measured at the Measurement Point Separation and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(sSet-Up Cost incurred on Recipient’s behalf) during the immediately preceding Month in accordance with this Agreement, subject to receiving, if requested, any appropriate support documentation for such bills and the amount payable thereforinvoices. Additionally, such statement shall set forth the cumulative imbalance existing Such charges will be billed at the end of each calendar month during the current MonthTransition Period. Owner agrees to pay Gatherer Each billing invoice will set forth in reasonable detail the applicable Transition Services provided (and Separation and Set-Up Costs incurred) during such period and the corresponding amounts owed for such Transition Services (and, as applicable, Separation and Set-Up Costs) and, in the case of Third Party Pass-Thru Charges or Reimbursement Charges, a copy of the underlying invoice or other documentation evidencing the payment made on Recipient’s behalf. All charges will be in U.S. dollars unless otherwise mutually agreed in writing. All invoices will be due and payable not later than thirty (30) days following receipt by Recipient of Provider’s invoice by wire transfer (according to in accordance with the instructions set forth provided by Provider (in the applicable statement writing to Recipient). Recipient will not offset any amounts payable by it hereunder against any amounts owed to it by Provider or invoice) any of Provider’s Affiliates hereunder or under any other Transaction Document. If Recipient fails to pay the full amount payable according to of any invoice within 30 days of the relevant payment date and the aggregate amount of such statement on or before ten (10) Days following the receipt thereof by Owner. In the event unpaid invoices exceeds $50,000, such quantities are estimated for any period, corrected statements shall failure will be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to considered a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term material breach of this Agreement and any applicable Supplemental Agreement (except to the extent of any invoiced amounts disputed by Recipient in good faith). If Provider provides Recipient with written notice of such material breach and Recipient in bad faith refuses to pay such unpaid invoices within 10 days of Recipient’s receipt of such written notice, Provider may, without liability (and without effect on any obligation of Recipient to provide services to Provider hereunder or under any Supplemental Agreement), provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance obligations hereunder and under any Supplemental Agreements to provide any and all services to Recipient until such time as Owner furnishes acceptable payment securities to Gatherersuch invoices have been paid in full. In addition to all other remedies available to GathererShould Recipient dispute any portion of any invoice, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time Recipient will promptly notify Provider in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records writing of the other party to nature and basis of the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madedispute.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current MonthMonth and any applicable cashout. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In If Owner is in default on payment of any amount due hereunder for a period of fifteen (15) Days, then upon ten (10) Days written notice, in addition to all its other remedies available rights and remedies, Gatherer may at its election suspend Gathering Services and/or terminate this Agreement, unless Owner pays the amount in default within the aforesaid ten-Day notice period. Any termination of this Agreement shall be without waiver of or prejudice to Gatherer, should Owner fail any remedy to pay any amount when which Gatherer may be entitled pursuant to this Agreement or under applicable law. Gatherer shall have the same becomes due, right to charge interest shall accrue thereon on past due amounts at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each Upon execution of the other party’s confidentiality agreement, each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On 11.1 Billing and Payment - Seller shall render to Buyer, at the ------------------- address indicated in Section 15.5 hereof, on or before the fifteenth (15th) Day day of each calendar monthmonth by certified, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) registered or overnight mail an invoice for all gas purchased during the immediately preceding Month month according to the measurements, computations, and the amount payable thereforprices provided herein. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner Buyer agrees to pay Gatherer make payment hereunder to Seller for its account in available funds by wire transfer or by mail at such location as Seller may from time to time designate in writing. Payment shall be made by Buyer within the later of (according to the instructions set forth in the applicable statement or invoicea) the full amount payable according to such statement on twenty-fifth (25th) of the month or before (b) ten (10) Days following days of the date of receipt thereof by Owner. In the event such quantities are estimated for any periodof Seller's invoice; provided that if Tennessee's billing schedule changes in either of their tariffs, corrected statements shall be rendered by Gatherer then Buyer will pay Seller on an earlier date to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance coincide with the estimated quantity theretofore made earlier of when payments are due to Tennessee under the basis Firm Transportation Contracts. If the invoiced amount is not paid when due, then interest on any unpaid amount shall accrue at the then current prime rate of billing interest as published under "Money Rates" by the Wall Street Journal, not to exceed any applicable maximum lawful rate together with any court costs, attorney's fees and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during all other costs of collection which Seller may incur in enforcing the term terms of this Agreement. If such default continues for thirty (30) days after written notice from Seller to Buyer, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer Seller may suspend its performance gas deliveries hereunder until such time as Owner furnishes acceptable payment securities without liability and without prejudice to Gathererother remedies. In addition to all other remedies available to GathererNotwithstanding the above, should Owner fail to pay any amount when if a good faith dispute arises between the same becomes due, interest shall accrue thereon at a rate equal to Parties over the prime rate from time to time in effect and charged by amounts due under the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, invoice for any period matters, other than any reimbursement for the demand or reservation charges under the Firm Transportation and Storage Contracts, then Buyer will pay that portion of the statement not in dispute on or before the due date and both Parties will continue to perform their obligations under this Agreement during which the same shall such dispute; provided that Buyer will be overduerequired to provide, such interest within 30 days of a written request by Seller, a good and sufficient surety bond guaranteeing payment to be paid when Seller of the amount past due is paidultimately found due. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.12 <PAGE> <PAGE> 11.2

Billing and Payment. On 11.1 Billing and Payment - Seller shall render to Buyer, at the ------------------- address indicated in Section 15.5 hereof, on or before the fifteenth (15th) Day day of each calendar monthmonth by certified, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) registered or overnight mail an invoice for all gas purchased during the immediately preceding Month month according to the measurements, computations, and the amount payable thereforprices provided herein. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner Buyer agrees to pay Gatherer make payment hereunder to Seller for its account in available funds by wire transfer or by mail at such location as Seller may from time to time designate in writing. Payment shall be made by Buyer within the later of (according to the instructions set forth in the applicable statement or invoicea) the full amount payable according to such statement on twenty-fifth (25th) of the month or before (b) ten (10) Days following days of the date of receipt thereof by Owner. In the event such quantities are estimated for any periodof Seller's invoice; provided that if Tennessee's billing schedule changes in either of their tariffs, corrected statements shall be rendered by Gatherer then Buyer will pay Seller on an earlier date to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance coincide with the estimated quantity theretofore made earlier of when payments are due to Tennessee under the basis Firm Transportation Contracts. If the invoiced amount is not paid when due, then interest on any unpaid amount shall accrue at the then current prime rate of billing interest as published under "Money Rates" by the Wall Street Journal, not to exceed any applicable maximum lawful rate together with any court costs, attorney's fees and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during all other costs of collection which Seller may incur in enforcing the term terms of this Agreement. If such default continues for thirty (30) days after written notice from Seller to Buyer, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer Seller may suspend its performance gas deliveries hereunder until such time as Owner furnishes acceptable payment securities without liability and without prejudice to Gathererother remedies. In addition to all other remedies available to GathererNotwithstanding the above, should Owner fail to pay any amount when if a good faith dispute arises between the same becomes due, interest shall accrue thereon at a rate equal to Parties over the prime rate from time to time in effect and charged by amounts due under the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, invoice for any period matters, other than any reimbursement for the demand or reservation charges under the Firm Transportation and Storage Contracts, then Buyer will pay that portion of the statement not in dispute on or before the due date and both Parties will continue to perform their obligations under this Agreement during which the same shall such dispute; provided that Buyer will be overduerequired to provide, such interest within 30 days of a written request by Seller, a good and sufficient surety bond guaranteeing payment to be paid when Seller of the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madeultimately found due.

Billing and Payment. On or before Each Month, Processor shall invoice Supplier for all applicable fees and charges due hereunder. Supplier shall pay Processor, without discount, on the fifteenth later of (15tha) Day two Business Days after receipt of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured invoice at the Measurement Point rates provided in Article VI of this Agreement and (b) the Equivalent Quantities 22nd day of Gas delivered the Month such invoice is received, provided that, if such Day is not a Business Day, then such payment shall be due, without interest, on the next Business Day. Payments shall be made by automated clearing house to the account specified on Processor’s invoice or to such other account as Processor may hereafter designate in writing, provided that as long as Processor is an affiliate of Supplier, Processor and Supplier may settle Supplier’s financial obligations to Processor through Supplier’s normal inter-affiliate settlement processes. If Supplier shall fail to pay to Processor any amount due hereunder by the payment due date (a “Payment Default”), such past due amount shall bear interest at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end lesser of the current Monthmaximum legal interest rate and 1.5% per month (the “Base Rate”). Owner agrees In addition, if Supplier fails to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to cure such statement on or before Payment Default within ten (10) Business Days following after receipt of notice from Processor, Processor may suspend performance; provided however, that a Payment Default shall not include the receipt thereof non-payment of any fee or charges invoiced hereunder are being disputed in good faith, and no interest will be charged by Owner. In the event Processor on any such quantities are estimated for any perioddisputed amount which is ultimately resolved in favor of Supplier; provided, corrected statements shall be rendered by Gatherer to Owner and further, that all amounts not being disputed in good faith have been paid by Owner or refunded or credited by Gatherer, as the case may bepromptly (but, in each instance any event, within five Days). If Supplier elects to withhold any payment otherwise due as a consequence of a good faith dispute, Supplier shall provide Processor with written notice of its specific reasons for withholding payment, and the parties hereto agree to use all reasonable efforts to resolve any such disputes in which a timely manner. If it is subsequently determined, whether by mutual agreement of the actual quantity received parties or delivered hereunder with respect otherwise, that Supplier is required to a Month shall be determined pay all or any portion of the dispute amounts to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shallProcessor, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In in addition to all other remedies available to Gathererpaying over such amounts, should Owner fail to Supplier also shall pay any amount when interest accrued on such amounts at the same becomes due, interest shall accrue thereon at a rate equal to Base Rate from the prime rate from time to time original due date until paid in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madefull.

Billing and Payment. On The GC/CM shall invoice the Owner on a monthly basis for all work and all chargeable costs performed or before incurred in the fifteenth (15th) Day of each calendar prior month, Gatherer will render to Owner . Each invoice shall include a statement setting forth, in terms of Mcf's and MMBtu's, detailed Progress Report for the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) services provided during the immediately preceding Month billing period and is to be itemized by subtask per the amount payable thereforpreconstruction service summary of work. Additionally, such statement each invoice shall set forth consist of consisting of a the cumulative imbalance existing at month’s activities, identification of high risk issues (i.e. constructability, budget impacts, and schedule impacts), current project schedule, six-week look ahead and current budget (see Exhibit A Subtask XXX). All expenses associated with performing the end Work of this Contract shall be presumed to be covered in the subtasks of the current MonthPreconstruction Summary of Work attached to this Contract and therefore covered in the cost stated on page 1 of this Contract. Additional expenses the GCCM may feel are not covered in the Preconstruction Summary of Work must be negotiated and approved by the Owner agrees prior to pay Gatherer incurring the expense. Monthly progress payment approval will be contingent upon receipt of WMBE Activity Log report (Attachment X) and WMBE payment online report (xxxxx://xxxx0.xxxxxxx.xxx/fas/cid/Login.aspx) Invoices shall be submitted to: Department Contact Invoices under this Preconstruction Contract shall clearly display the following information (sub-consultants' invoices shall also include this information): INVOICE DATE and NUMBER The Project Manager: XXXXX (Please do not put PM’s name in the address portion of the invoice) Department Contract No. XXXXXXX Project title: XXXXXXX Project Preconstruction Contract Period covered by wire transfer the invoice Task # and title Employee's name and classification Employee's Preconstruction Labor Rate and # of hours worked Total labor costs per task Itemization of direct, non-salary costs (according per task, if so allocated) Subcontractor payments - total amount paid to each that period (attach their invoices for detail) Cumulative costs per task and for the total project Invoices will be checked by the City and payment to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by OwnerGC/CM will be made within 30 days after accurate billing and back-up documentation are received. In the event such quantities are estimated for any period, corrected statements No payment shall be rendered by Gatherer made for work performed prior to Owner authorization to begin work. The GC/CM agrees that the payment provided in this Section shall fully and paid by Owner adequately compensate the GC/CM and all subcontractors for all profits, costs, expenses, losses, liabilities, damage, taxes, and charges of any kind whatsoever (whether foreseen or refunded or credited by Gatherer, as unforeseen) attributable to the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term termination of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten fifteen (1015) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore previously made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On After the DATE OF INITIAL OPERATION, PSE&G shall read its electricity recording meter(s) at the SUBSTATION FACILITY monthly in connection with making a determination of the charges to be billed to O'BRIEN for any MONTH in accordance with the provision of Article X and shall thereafter prepare and present to O'BRIEN, on or before the fifteenth tenth (15th10th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end day of the current MonthMONTH, a BILLING STATEMENT for payment. Owner agrees to O'BRIEN shall pay Gatherer each BILLING STATEMENT within thirty (30) days from the date of receipt but not later than the tenth (10th) day of the succeeding MONTH. If presentation of a BILLING STATEMENT is delayed by wire transfer PSE&G and/or is received by O'BRIEN after the tenth (according 10th) day of the MONTH, then the time for payment shall be extended for a period of time equivalent to the instructions set forth delay, provided however, O'BRIEN shall be obligated to establish any delay in the receipt of any BILLING STATEMENT by appropriate documentation. The BILLING STATEMENT shall contain a breakdown of the applicable statement or invoice) charge components billed to O'BRIEN in accordance with the full amount payable according provisions of Article X. O'BRIEN shall remit payment to such statement PSE&G for any BILLING STATEMENT to the PSE&G department designated on or before ten (10) Days following the receipt thereof by OwnerBILLING STATEMENT. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner O'BRIEN fails to promptly provide payment securities acceptable to Gatherer pay the entire amount of any BILLING STATEMENT when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes is due, interest shall accrue thereon on the unpaid portion of such BILLING STATEMENT, from the due date to the date of payment, which interest shall accrue at a rate per annum equal to three percent (3%) above the prime rate from time to time of the Chase Manhattan Bank, N.A. or its successor in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party payment due date. O'BRIEN shall pay the interest charge on any such unpaid BILLING STATEMENT or unpaid portion thereof when and as billed by PSE&G. PSE&G shall provide to the extent necessary O'BRIEN, upon a timely request therefor, documentation and/or data available to PSE&G to enable O'BRIEN to verify the accuracy of any statementBILLING STATEMENT. However, chargeany such request by O'BRIEN shall not extend the due date of or extend, computation postpone or demand otherwise affect O'BRIEN's obligation to pay the associated BILLING STATEMENT. In the event O'BRIEN disputes any BILLING STATEMENT, O'BRIEN shall pay to PSE&G the entire amount thereof, when due, and shall together with the payment thereof identify and present the dispute in writing and submit documentation substantiating any claim made under relative to the dispute identified. Upon receipt of notice of the dispute and the supporting documentation, PSE&G shall have thirty (30) days (Period) from receipt of such notice to resolve such dispute with O'BRIEN. In the event the dispute is not resolved within the Period, either party may submit the matter to arbitration for resolution in accordance with Article XXIX. The amount of any BILLING STATEMENT disputed by O'BRIEN, in accordance with the provisions of this paragraph, which is ultimately determined to be due and owing by PSE&G to O'BRIEN: (i) which is not refunded to O'BRIEN on or pursuant prior to this Agreement. Any statement the expiration of the Period shall, until payment, thereafter accrue interest, as of the last day of such Period, at a rate per annum equal to three percent (3%) above the prime rate of the Chase Manhattan Bank, N.A., or its successor in effect as of that date; and (ii) shall be final as refunded to O'BRIEN, together with all parties unless questioned interest accrued and owing thereon, within two ten (210) years after payment thereof has been madedays of the date of such determination.

Billing and Payment. On or before the fifteenth (15th) Day of each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end of the current Month. Owner agrees to pay Gatherer by wire transfer (according to the instructions set forth in the applicable statement or invoice) the full amount payable according to such statement on or before ten (1010)fifteen (15) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder with respect to a Month shall be determined to be at variance with the estimated quantity theretofore made the basis of billing and payment hereunder. If, in the reasonable opinion of Gatherer, there has been a material change in the creditworthiness, financial condition or ongoing business of Owner that may adversely affect Owner’s ability to perform hereunder, then Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect and charged by the Citibank, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been made.

Billing and Payment. On We will send you (by regular mail, electronic mail, facsimile, electronic data transfer or before other acceptable means) to the fifteenth (15th) Day of address specified on the applicable Confirmation an invoice for each calendar month, Gatherer will render to Owner a statement setting forth, in terms of Mcf's and MMBtu's, the total quantity of Gas received hereunder as measured at the Measurement Point and the Equivalent Quantities of Gas delivered hereunder at the Delivery Point(s) Billing Cycle during the immediately preceding Month and the amount payable therefor. Additionally, such statement shall set forth the cumulative imbalance existing at the end each Transaction Term detailing all of the current Month. Owner agrees to pay Gatherer by wire transfer charges (according to the instructions set forth in the applicable statement or invoiceplus Taxes) the full amount payable according to such statement on or before ten (10) Days following the receipt thereof by Owner. In the event such quantities are estimated for any period, corrected statements shall be rendered by Gatherer to Owner and paid by Owner or refunded or credited by Gatherer, as the case may be, in each instance in which the actual quantity received or delivered hereunder due with respect to each Account. Invoices are deemed received by you on the date sent or transmitted, unless after close of business, in which case they are deemed received on the next Business Day, except for invoices sent by regular mail, which are deemed received on the second (2nd) Business Day after mailing. We may return you at any time to Utility consolidated billing, provided that our doing so will not increase your charges hereunder. We will calculate all amounts due hereunder based upon your Actual Usage data as provided by the Utility, provided that we may elect at any time to instead use estimated consumption data (based upon the same period in the prior year and adjusted in good faith for the current period) and reconcile our charges with your Actual Usage on a Month shall be quarterly basis. Our invoices are due ten days after receipt and amounts not paid as of such date will begin to accrue interest at the Interest Rate from such date until the date paid. If you in good faith dispute an invoice, you must provide us with a written explanation specifying the dispute and pay any undisputed portion by the due date. Disputed amounts subsequently determined to be due will be paid with interest accrued at variance with the estimated quantity theretofore made Interest Rate from the basis of billing and payment hereunderoriginal due date until the date paid. Owner shall, if requested by Gatherer for good and reasonable cause at any time during the term of this Agreement, provide Gatherer with such payment securities as A Utility may be acceptable to Gatherer. In the event Owner fails to promptly provide payment securities acceptable to Gatherer when requested by Gatherer, Gatherer and Owner agree that Gatherer may suspend its performance hereunder until such time as Owner furnishes acceptable payment securities to Gatherer. In addition to all other remedies available to Gatherer, should Owner fail to pay any amount when the same becomes due, interest shall accrue thereon at a rate equal to the prime rate from time to time in effect issue credits, refunds, rebates, or other similar adjustments ("Utility Invoice Credits") to you or us arising from services provided to you by a Utility or us during a Transaction Term. If a Utility Invoice Credit relates to energy generation (including, without limitation, “green” power save and charged by the Citibankexcept Utility Invoice Credits for “green” power which are, N.A., New York, New York, plus two percent (2%) per annum, (but in no event greater than the maximum rate of interest permitted by law) with adjustments in such rate to be made on the same Day as any change in such prime rate, for any period during which the same shall be overdue, such interest to be paid when the amount past due is paid. Each party hereto or its representative shall have the right at all reasonable times to examine the books and records of the other party to the extent necessary provided in the applicable Confirmation, to verify be credited to you) or any other element that is included in the accuracy of any statementEESI Energy Price (as defined in the applicable Confirmation), chargewe will be entitled to such Utility Invoice Credit. If a Utility Invoice Credit relates to an element that is not included in the EESI Energy Price, computation or demand made under or pursuant you will be entitled to this Agreement. Any statement shall be final as to all parties unless questioned within two (2) years after payment thereof has been madesuch Utility Invoice Credit.