(a) The Agency shall have the right to make any payments due from and on behalf of the Company which are necessary to operate the Facilities, including payments for fuel, maintenance, repairs, insurance, taxes, and other operating costs of the Facilities, together with all regularly scheduled payments under the Financing Agreements (pro-rated for the amount attributable to such period), but only to the extent that the Company is unable to meet any such payments.
(b) The Parties shall cooperate with each other and shall execute and deliver all documents necessary or desirable to make those payments in a timely and proper manner. The remuneration and payments referred to in Section 17.2.2(b) (Payments to Company and Agency) and Section 17.2.3(a) that become payable during this period shall be regarded as funds advanced by the Agency to the Company. The Agency shall send invoices for such amounts and the Company shall promptly reimburse the Agency. The Parties shall resolve disputed amounts on the same terms and conditions as the settlement of disputed invoices provided in Section 8.10 (Disputed Invoices). Notwithstanding the provisions of Section 8.8 (No Set-Off or Deductions), the Agency may obtain payment by making deductions from any amounts due to the Company pursuant to this Agreement, provided that such payments shall be subordinated to sums owed to the Lenders.