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Mr. Thomas K. Clarke <br />21 October, 1994 <br />Page 3 <br />pursuant to Section 2 (c) . <br />(f) The Party receiving service under this Agreement is <br />responsible for obtaining any transmission service <br />required from third parties to complete a transaction <br />unless mutually agreed to by the Parties schedulers, <br />dispatchers or Authorized Representative pursuant to <br />Section 2 (b) or appropriate representatives pursuant to <br />Section 2 (c). <br />3. Compensation for Sale of Surplus Capacity and/or Energy - The <br />compensation for capacity and/or energy sold, purchased or <br />exchanged under this Agreement shall be pursuant to Section 2 <br />(b) or Section 2 (c), provided that compensation for SDG&E's <br />sale of capacity and/or energy shall not exceed the rates <br />specified in the attached Rate Exhibit A. <br />4. Billing and Payment <br />(a) Bills shall be submitted monthly within approximately <br />fifteen (15) days following the last day of the month in <br />which Transactions were made and shall be paid by each <br />Party within thirty (30) days of the date on the bill. <br />(b) Amounts <br />not paid on <br />or before the due <br />date shall be <br />payable <br />with interest <br />accrued at the <br />prime rate of <br />interest <br />established <br />by the Bank of America, or its <br />successor, on the last <br />business day of the <br />month in which <br />service <br />was rendered <br />or one and one half percent (1%0) <br />per month, whichever <br />is less, but in no <br />event greater <br />than the <br />maximum interest rate permitted <br />by law. <br />(c) In the event any portion of any bill is in dispute, the <br />disputed amount shall be paid under protest when due. <br />Disputes shall be discussed and resolved by the <br />Authorized Representatives, who shall use their best <br />efforts to amicably and promptly resolve the disputes. <br />Upon determination of the correct billing amount, the <br />proper adjustment shall be paid or refunded promptly <br />bch10/94 <br />