4.3. ERMUSR 05-10-2011 - Laserfiche WebLink

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Transmission Owner Services and Asset Assignment Agreement Section 603. Billing Adjustments. On or before 120 days after the end of each Contract Year, CMMPA shall submit to the Participant a statement of the actual aggregate Monthly Transmission Owner Services Costs and monthly Revenues for such Contract Year. If the actual aggregate Monthly Transmission Owner Services Costs, monthly Revenues, and any other charges and credits applicable to the Participant for such Contract Year for CMMPA-Owned Transmission Projects and Participant-Owned Transmission Facilities exceed the amounts on the basis of which the Participant has been billed, the deficiency shall be added to the next succeeding Billing Statement or, at CMMPA's discretion, spread over the remainder of the then-current Contract Year. If the actual aggregate Monthly Transmission Owner Services Costs, monthly Revenues, or other amounts payable for such Contract Year are less than the amounts on the basis of which the Participant has been billed, CMMPA shall credit such balance on the next succeeding Billing Statement, or, by agreement of the Participant and CMMPA, on the Billing Statements delivered to the Participant for the remainder of the then-current Contract Year. Section 604. Billing Disputes. (a) Except as set forth below in paragraph (b) of this Section 604, the Participant shall not have the right to challenge any Billing Statement or other bill, invoice or statement rendered by CMMPA for any known claim or claim that it could have reasonably known, invoke arbitration of the same or bring any court or administrative action of any kind questioning the propriety of the same after a period of twenty-four months from the date of rendering. In the case of a Billing Statement or other bill, invoice or statement containing estimates for any known claim or claim that it could have reasonably known, the Participant shall not have the right to challenge its accuracy after a period of twenty-four months from the date of its adjustment to reflect the actual amounts due. The Participant's right to challenge any Billing Statement or other bill, invoice or statement rendered by CMMPA with respect to claims not subject to the twenty-four month limitation periods set forth above shall be limited to the twenty-four month period from the date on which the Participant knew, or reasonably should have known, of the facts and circumstances giving rise to the claim. (b) [n the event of any dispute as to any portion of any Billing Statement (including its reasonableness or appropriateness), if payment is due from one party to the other party, the party from which payment is due shall nevertheless pay the full amount shown on the Billing Statement when due. The Participant shall give written notice of any dispute concerning a Billing Statement (other than any dispute based upon information not reasonably available to the Participant at the time required to give notice under this paragraph (b)) to CMMPA not later than the date such payment is due. Such notice shall identify the amount in dispute and set forth a full statement of grounds on which such dispute is based. No adjustment shall be considered or made for disputed charges unless notice is given, as aforesaid. CMMPA shall give consideration to such dispute and shall advise the Participant with regard to its position relative thereto within 120 days following receipt of such written notice. Upon final determination (whether by 34