Laserfiche WebLink
547 <br />548 <br />549 <br />550 <br />551 <br />552 <br />SS3 <br />554 <br />555 <br />556 <br />557 <br />558 <br />559 <br />560 <br />561 <br />562 <br />563 <br />564 <br />565 <br />566 <br />567 <br />568 <br />569 <br />570 <br />571 <br />572 <br />573 <br />574 <br />575 <br />576 <br />577 <br />578 <br />579 <br />580 <br />581 <br />582 <br />583 <br />584 <br />385 <br />586 <br />587 <br />588 <br />589 <br />590 <br />591 <br />592 <br />Costs and other amounts payable by the Project A Participants for any Power Supply Yeaz <br />exceed the amount thereof which [CITY NAME] and the other Project A Participants have <br />been billed, [CITY NAME] and the other Project A Participants shall pay SCPPA, within 20 <br />days of receipt of SCPPA's invoice, the amount to which SCPPA is entitled. If, on the basis <br />of the statement submitted pursuant to this Section 7.4, the actual aggregate Project A <br />Monthly Power Cosu or other amounts payable by the Project A Participanu for any Power <br />Supply Yeaz are less than the amount therefor which [CITY NAME] and the other Project A <br />Participants have been billed, SCPPA shall, unless othenvise d'uected by [CITY NAME] or <br />any other Project A Participants with respect to moneys owed to each, credit such excess <br />against [CITY NAME]'s and the other Project A Participants' next monthly Billing <br />Statement. In the event that the failure of [CITY NAME] to make its payments in <br />accordance with this Agreement shall have resulted in the application of amounts in any <br />reserve or working capital fund under [he Project A Indenture to the payment of costs <br />payable from such reserve or working capital fund and the other Project Participants shall <br />have made up the deficiency created by such application or paid additional amounts as a <br />result of a draw on such reserve or working capital fund, amounts thereafter paid to SCPPA <br />by [CITY NAME] for application to such past due payments including interest may be repaid <br />to such Project Participants or credited on the Billing Statements of such other Project <br />Participants in the next Month or Months as provided for in Section 15. <br />7.5 Reconciliation of Fuel Cost Budeet. Except as otherwise determined by the Coordinating <br />Committee, as soon as practicable afrer the end of each three-month period of a Power <br />Supply Yeaz, SCPPA shall compaze the actual fuel costs payable during such period with the <br />amount billed for the fuel cost component of Project A Monthly Power Costs during such <br />period, and SCPPA shall increase or decrease, as necessary, the fuel cost component of each <br />Project A ParticipanYs Billing Statement for the next Month to reflect the difference between <br />the amount billed for the fuel wst component and the amount payable for the fuel cost <br />component for the previous three-month period. <br />7.6 Interest on Late Paytnents. If [CI71' NAME] fails to pay any Billing Statement when due, <br />interest shall accrue, to the extent permitted by ]aw, at a rate equal to the greater of (i) one <br />percent per month on the unpaid amount of the bil] or (ii) the monthly equivalent of the <br />"prune" rate of interest as noticed in the Federal Reserve's HR 15 weekly bulletin (or the <br />subsequent equivalent thereo� as of the date of nonpayment, plus three percent (3%) on the <br />unpaid amount of the bill, until such Billing Statement is paid. <br />7.7 Preoavment of Project A Monthly Power Costs. [CI7'Y NAME] may, at any tune, pay <br />moneys to SCPPA or utilize any credits due or amounts owed by SCPPA to [CITY NAME] <br />under any Project Agreement for Ihe pwpose of prepaying its Montlily Billing Statement. <br />Such moneys and amounts owed by SCPPA under any Project Agreement shal] be deposited <br />into an account established by, or at the direction of, SCPPA. Moneys in such account shall <br />be invested pursuant to instructions provided to SCPPA by [CITY NAME] and all <br />investment income shall be credited to such account. Payment of the amount of any Monthly <br />Billing Statement, Default Invoice or Step-Up Invoice shall be made from moneys available <br />in such account to the extent set forth in written duections from [CITY NAME] to SCPPA <br />received at least five business days prior to the due date of such payment. Any credit or <br />prepayment with respect to its Monthly Billing Statement shall not relieve or reduce [CITY <br />NAME]'s obligation under this Agreement to make payments with r�spect to a Step-Up <br />Invoice as provided in Section 15.11 hereof. <br />45049822.18 (PSA Praject A) <br />14 <br />