Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable or for the performance of any other obligation of Grantee.
Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by Grantor that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim Grantor may have for further or additional sums payable or for the performance of any other obligation of Grantee.
Acceptance of Payment and Recomputation. No acceptance of any payment pursuant to Section 7.1 or Section 12.1 of this Franchise shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable. All amounts paid under Section 7.1 or Section
12.1 of this Franchise shall be subject to audit by the City, provided that only payments which occurred during a period of thirty-six (36) months prior to the date the City notifies Grantee of its intent to perform an audit shall be subject to such audit. Grantee agrees to pay the City for:
(1) Interest on any underpayment of an amount due under Section 7.1 or Section 12.1 of this Franchise that is disclosed as the result of an audit, such interest to be calculated at one percent (1%) over the existing prime rate as set by the Xxxxx Fargo Bank, National Association, or its successor and assigns as designated by the City, compounded quarterly from the date on which the payment was due. If such payment is not received within thirty (30) days of notice from the City, then interest shall be compounded daily from the date on which the payment was due until the date the City receives the payment.
(2) Five percent (5%) of the underpayment shall be due within thirty (30) days of written notice from the City, if the City’s audit discloses that the Grantee has paid ninety-five percent (95%) or less of the principal amount owing for the period under audit. If such payment is not received within thirty (30) days of written notice from the City, then interest shall be compounded daily from the date on which the payment was due until the date on which the City receives the payment, such interest to be calculated at one percent (1%) over the existing prime rate as set by the Xxxxx Fargo Bank, National Association, or its successors and assigns as designated by the City.
Acceptance of Payment and Recomputation. No acceptance of any payment pursuant to Section 7.1 (PEG/I-Net Fee-s) or Section 12.1 (Franchise fees) shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable.
Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable or any other claim or right. All amounts paid shall be subject to audit and recomputation by the City, provided that such audit and recomputation is completed within six (6) years of the date payment was due. If the City requests in writing that the Grantee provide, or cause to be provided, any information reasonably within the scope of the audit, and the Grantee fails within thirty (30) days of receipt of the request to provide such information or cause it to be provided, then the six (6) year period shall be extended by one day for each day or part thereof beyond thirty (30) days that Grantee such failure continues and Grantee shall pay Liquidated Damages in accordance with Section 19.
Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by Grantor that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim Grantor may have for further or additional sums payable or for the performance of any other obligation of Grantee. The period of limitation for recovery of Franchise Fees payable hereunder shall be six (6) years from the date on which payment by the Grantee was due or such shorter period if required by Applicable Law.
Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable or any other claim or right. All amounts paid shall be subject to audit and recomputation by the City, provided that such audit and recomputation is completed within six (6) years of the date payment was due. If the City requests in writing that the Grantee provide, or cause to be provided, any Documents reasonably within the scope of the audit, and the Grantee fails within thirty (30) days of receipt of the request to provide such Documents or cause it to be provided, then the six (6) year period shall be extended by one day for each day or part thereof beyond thirty (30) days that Grantee’s failure to provide the Document continues and Grantee shall pay Liquidated Damages in accordance with Section 19. If the City requests information for the audit that is not prepared in the ordinary course of business, Grantee shall provide such additional information within sixty
Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by the District that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the District may have for further or additional sums payable or for the performance of any other obligation of Grantee.
Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable or any other claim or right. All amounts paid shall be subject to audit and recomputation by the City, provided that such audit and recomputation is completed within six (6) years of the date payment was due. If the City requests in writing that the Grantee provide, or cause to be provided, any information reasonably within the scope of the audit, and the Grantee fails within thirty (30) days of receipt of the request to provide such information or cause it to be provided, then the six (6) year period- shall be extended by one day for each day or part thereof beyond thirty (30) days that such failure continues..
Acceptance of Payment and Recomputation. No acceptance of any payment pursuant to Section 7.1 or Section 12.1 of this Franchise shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the Jurisdictions may have for further or additional sums payable. All amounts paid under Section 7.1 or Section 12.1 of this Franchise shall be subject to audit by the Jurisdictions, provided that only payments which occurred during a period of thirty-six (36) months prior to the date the Jurisdictions notify Grantee of its intent to perform an audit shall be subject to such audit. Grantee agrees to pay the Jurisdictions for:
(1) Interest on any underpayment of an amount due under Section 7.1 or Section 12.1 of this Franchise that is disclosed as the result of an audit, such interest to be calculated at one percent (1%) over the existing prime rate as set by the Xxxxx Fargo Bank, National Association, or its successor and assigns as designated by the Jurisdictions, compounded quarterly from the date on which the payment was due. If such payment is not received within thirty (30) days of notice from the Jurisdictions, then interest shall be compounded daily from the date on which the payment was due until the date the Jurisdictions receive the payment.
(2) Five percent (5%) of the underpayment shall be due within thirty (30) days of written notice from the Jurisdictions, if the Jurisdictions’ audit discloses that the Grantee has paid ninety-five percent (95%) or less of the principal amount owing for the period under audit. If such payment is not received within thirty (30) days of written notice from the Jurisdictions, then interest shall be compounded daily from the date on which the payment was due until the date on which the Jurisdictions receive the payment, such interest to be calculated at one percent (1%) over the existing prime rate as set by the Xxxxx Fargo Bank, National Association, or its successors and assigns as designated by the Jurisdictions.
