RES 96016 - Laserfiche WebLink

9.2 ABAG will invoice Public Agency, and Public Agency will pay, in fifteen (15) monthly installments sums representing payments in advance for the natural gas and services provided under this Agreement (Invoiced Amounts). Initially, Invoiced Amounts will be based on ABAG's estimate of Public Agency' s consumption of natural gas for the month leveled to eliminate extreme consumption fluctuations but adjusted to reflect moderated seasonal fluctuations. Each invoice will also identify the costs, if any, of natural gas, transportation, utility charges, operational fees and administration fees charged to Public Agency for the period identified in the invoice (Actual Charges). Any disputes between the parties regarding the mount of any Actual Charges shall be resolved pursuant to Section H of Exhibit B to this Agreement and the Credit Account, as defined in Paragraph 9.3 will be adjusted as soon as practicable to reflect the resolution of the dispute. 9.3 For each invoice, ABAG will calculate (a) the difference between the Invoiced Amount and the Actual Charges, and (b) the difference between the cumulative total of the Invoiced Amounts and the cumulative total of Actual Charges, adjusted pursuant to Paragraphs 9.1 and 9.2 (Credit Account). Public Agency recognizes that the Credit Account is a calculation of payments, credits, debits and charges made pursuant to this Agreement and that ABAG will not be required to establish actual fund accounts on behalf of, or in the name of Public Agency, with monies. 9.4 In accordance with the terms of Paragraph 10, ABAG will first apply the Invoiced Amounts to the payment of Actual Charges. Public Agency acknowledges that during the term of this Agreement ABAG has the right to use monies in the amount reflected in the Credit Account to pay Actual Charges incurred by other Participants in the Program as such Actual Charges become due. Such use of the monies will not be a debit against the Credit Account and will not obviate, eliminate or modify ABAG's obligation to pay Public Agency the Credit Account amount pursuant to Paragraph 13.3. ABAG retains the right to modify Invoiced Amounts to increase the sum of Credit Accounts in the Program in order to timely pay Actual Charges as they become due. 9.5 The initial invoice will be dated March 1, 1996 and must be paid by April 1, 1996 (Start Date), or this Agreement terminates on April 1, 1996. Upon prior written notice to Public Agency, ABAG may delay the Start Date to accommodate Program requirements. 9.6 In the event Public Agency fails to make timely payment, consistent with the terms employed by ABAG, in addition to any other remedy it may have hereunder and notwithstanding the existence of any late payment penalty, ABAG may declare Public Agency to be in default and terminate the agreement. ABAG is further authorized to bill Public Agency for reasonable charges associated with demands for payment on late accounts as well as reasonable charges associated with suspension and resumption of service hereunder.