26.12  Amounts overpaid, underpaid or wrongfully paid by a party

In respect of any amounts overpaid, underpaid or wrongfully paid or wrongfully deducted by a party:

(a)  either party may at any time recover from the other party or deduct from or add to a future Monthly Payment any amount agreed or determined by the parties to have been overpaid, underpaid, wrongfully paid or wrongfully deducted for any reason including, but not limited to, mistake of law or of fact;

(b)  each party shall notify, in writing, the other party of any payment which it considers to have been overpaid, underpaid, wrongfully paid, or wrongfully deducted, providing reasonable details of all relevant amounts and an explanation of why that party considers that such amounts have been overpaid, underpaid, wrongfully paid or deducted.  If the other party does not dispute all or any of such amount within thirty (30) Business Days of being notified in accordance with this clause 26.12(b), such amount shall be included in the calculation of the next Monthly Payment, (and be paid in accordance with clauses 26.5 to 26.8 (inclusive)) or paid earlier at the paying party's discretion;

(c)  where all or any amounts referred to in clauses 26.12(a) and 26.12(b) are disputed and the parties (acting in good faith) are unable to agree, such dispute shall be resolved pursuant to the provisions of the Dispute Resolution Procedure and following determination, the relevant sum shall be included in the calculation of the following Monthly Payment (and be paid in accordance with clauses 26.5 to 26.8 (inclusive)) or paid earlier at the paying party's discretion;

(d)  interest shall be payable (by the paying party) at the Standard Rate on any amount agreed or resolved to be payable pursuant to this clause 26.12 from the date on which the paying party first had the benefit of such amount up to and including the due date for payment of the agreed or determined sum or the date paid, if earlier than the due date.  If the paying party does not pay any amount agreed or determined to be payable pursuant to this clause 26.12 by the relevant date referred to in clause 26.12(b), interest shall be payable in accordance with clause 26.16.