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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 November 1, 1997 and must be paid by (Start Date), or this Agreement terminates on . 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. 10. Disbursement of Funds: Subject to the terms and conditions of this Agreement, ABAG agrees to provide for sale and delivery, and Public Agency agrees to receive and to pay ABAG for natural gas. Further, Public Agency agrees to pay for the Actual Charges. 10.1 An escrow account for the purposes of receiving payments by Participants and making payments to the Utilities, the gas supplier and other payees as authorized by ABAG will be established. 10.2 The instructions for this escrow account have been approved by ABAG, and shall include a list of the authorized recipients of payments from the account. 10.3 Only ABAG may authorize release of funds from the escrow account, and such shall only be to those payees identified in the escrow instructions. 11. Gas Program Pricing: The gas charges to the participants will include (a) the cost of the gas commodity (gas charges) and (b) the applicable utility transportation charges. Gas charges are M1