§ 961.11
10 CFR Ch. III (1–1–12 Edition)
1983, to the date of full payment on the out- standing fee balance. 3. Method of Payment: (a) Payments shall be made by wire trans- fer, in accordance with instructions specified by DOE in appendix G, annexed hereto and made a part hereof, and must be received within the time periods specified in para- graph B.1. of this Article VIII. (b) The Purchaser will complete a Stand- ard Remittance Advice, as set forth in ap- pendix G, for each assigned three month pe- riod payment, and mail it postmarked no later than the last business day of the month following each assigned three month period to Department of Energy, Office of Con- troller, Cash Management Division, Box 500, Room D–208, Germantown, Maryland 20874. 4. Any fees not paid on a timely basis or underpaid because of miscalculation will be subject to interest as specified in paragraph C of this Article VIII. C. Interest on Late Fees 1. DOE will notify the Purchaser of amounts due only when unpaid or underpaid by the dates specified in paragraph B above. Interest will be levied according to the fol- lowing formula: Interest=Unpaid balance due to DOE for as- signed three month period × Quarterly Treasury rate plus six percent (6%) × Num- ber of months late including month of pay- ment (fractions rounded up to whole months) ÷ 12 2. Interest is payable at any time prior to the due date for the subsequent assigned three month period fee payment. Non- payment by the end of the subsequent as- signed three month period will result in compounding of interest due. Purchaser shall complete a Standard Remittance Advice of interest payments. 3. Following the assessment of a late fee by DOE, payments will be applied against ac- crued interest first and the principal there- after. D. Effect of Payment Upon payment of all applicable fees, inter- est and penalties on upaid or underpaid amounts, the Purchaser shall have no fur- ther financial obligation to DOE for the dis- posal of the accepted SNF and/or HLW. E. Audit 1. The DOE or its representative shall have the right to perform any audits or inspec- tions necessary to determine whether Pur- chaser is paying the correct amount under the fee schedule and interest provisions set forth in paragraphs A, B and C above. 2. Nothing in this contract shall be deemed to preclude an audit by the General Account- ing Office of any transaction under this con- tract.
3. The Purchaser shall furnish DOE with such records, reports and data as may be necessary for the determination of quan- tities delivered hereunder and for final set- tlement of amounts due under this contract and shall retain and make available to DOE and its authorized representative examina- tion at all reasonable times such records, re- ports and data for a period of three (3) years from the completion of delivery of all mate- rial under this contract. A RTICLE IX—D ELAYS A. Unavoidable Delays by Purchaser or DOE Neither the Government nor the Purchaser shall be liable under this contract for dam- ages caused by failure to perform its obliga- tions hereunder, if such failure arises out of causes beyond the control and without the fault or negligence of the party failing to perform. In the event circumstances beyond the reasonable control of the Purchaser or DOE—such as acts of God, or of the public enemy, acts of Government in either its sov- ereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather—cause delay in scheduled delivery, acceptance or transport of SNF and/or HLW, the party experiencing the delay will notify the other party as soon as possible after such delay is ascertained and the parties will re- adjust their schedules, as appropriate, to ac- commodate such delay. B. Avoidable Delays by Purchaser or DOE In the event of any delay in the delivery, acceptance or transport of SNF and/or HLW to or by DOE caused by circumstances with- in the reasonable control of either the Pur- chaser or DOE or their respective contrac- tors or suppliers, the charges and schedules specified by this contract will be equitably adjusted to reflect any estimated additional costs incurred by the party not responsible for or contributing to the delay. A RTICLE X—S USPENSION A. In addition to any other rights DOE may have hereunder, DOE reserves the right, at no cost to the Government, to suspend this contract or any portion thereof upon written notice to the Purchaser within nine- ty (90) days of the Purchaser’s failure to per- form its obligations hereunder, and the Pur- chaser’s failure to take corrective action within thirty (30) days after written notice of such failure to perform as provided above, unless such failure shall arise from causes beyond the control and without the fault or negligence of the Purchaser, its contractors or agents. However, the Purchaser’s obliga- tion to pay fees required hereunder shall continue unaffected by any suspension. Any such suspension shall be rescinded if and
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