Common use of Adjusting Undisputed Overpayments Clause in Contracts

Adjusting Undisputed Overpayments. 1. In all cases of overpayment, the performer must be notified in writing, prior to recoupment, of the overpayment amount, dates, commercial title(s), advertiser, and agency involved, and reason for recoupment. 2. Where an overpayment has been made to a principal performer and there is no factual dispute with respect to such overpayment, the Union will cooperate with Producer to have the principal performer return the incorrect payment to Producer as promptly as possible. Alternatively, the overpayment may be credited against subsequent payments due to the same principal performer under the following circumstances: (a) The overpayment and subsequent payments are made for the same advertising agency. (b) The overpayment and subsequent payments are made on behalf of the same advertiser even if the advertising agencies are not the same. 3. Subject to the conditions and limitations set forth below, other payments due under this Contract may be applied to recoupment of an overpayment made under this Contract by a different advertising agency (where the same advertiser is not involved) if, in an initial letter to the principal performer, Producer identifies the overpayment as to the amount, date, commercial, advertiser and agency involved and: (a) Producer obtains written authorization from the principal performer in response to the initial letter; or (b) Producer sends a second notice to the principal performer with a copy to the Union no later than 90 days after the initial notice by registered or certified mail, return receipt requested, and the principal performer does not object in writing within 30 days after delivery of Producer’s second notice. Under this paragraph (b), Producer may not reduce the gross amount of any subsequent payment by more than 25%. At the time of recoupment, Producer shall identify the payment from which the overpayment is being recouped, including the amount of such payment, nature (session fee, use fee, etc.), the commercial advertiser and agency involved. 4. The Union will continue its existing policy to assist Producers in adjusting overpayments in accordance with the above guidelines. In those instances where a Producer and a principal performer are unable to agree upon an arrangement, the Union will, at Producer’s request, actively participate in an effort to resolve the matter. 5. Claims for overpayment shall be barred if not made within 6 months after the date of overpayment.

Adjusting Undisputed Overpayments. 1. In all cases of overpayment, the performer must be notified in writing, prior to recoupment, of the overpayment amount, dates, commercial title(s), advertiser, and agency involved, and reason for recoupment. 2. Where an overpayment has been made to a principal performer and there is no factual dispute with respect to such overpayment, the Union will cooperate with Producer to have the principal performer return the incorrect payment to Producer as promptly as possible. Alternatively, the overpayment may be credited against subsequent payments due to the same principal performer under the following circumstances: (a) The overpayment and subsequent payments are made for the same advertising agency. (b) The overpayment and subsequent payments are made on behalf of the same advertiser even if the advertising agencies are not the same. 32. Subject to the conditions and limitations set forth below, other payments due under this Contract may be applied to recoupment of an overpayment made under this Contract by a different advertising agency (where the same advertiser is not involved) if, in an initial letter to the principal performer, Producer identifies the overpayment as to the amount, date, commercial, advertiser and agency involved and: (a) Producer obtains written authorization from the principal performer in response to the initial letter; or (b) Producer sends a second notice to the principal performer with a copy to the Union no later than 90 days after the initial notice by registered or certified mail, return receipt requested, and the principal performer does not object in writing within 30 days after delivery of Producer’s second notice. Under this paragraph (b), Producer may not reduce the gross amount of any subsequent payment by more than 25%. At the time of recoupment, Producer shall identify the payment from which the overpayment is being recouped, including the amount of such payment, nature (session fee, use fee, etc.), the commercial advertiser and agency involved. 43. The Union will continue its existing policy to assist Producers in adjusting overpayments in accordance with the above guidelines. In those instances where a Producer and a principal performer are unable to agree upon an arrangement, the Union will, at Producer’s request, actively participate in an effort to resolve the matter. 54. Claims for overpayment shall be barred if not made within 6 months after the date of overpayment.

Adjusting Undisputed Overpayments. 1. In all cases of overpayment, the performer must be notified in writing, prior to recoupment, of the overpayment amount, dates, commercial title(s), advertiser, and agency involved, and reason for recoupment. 2. Where an overpayment has been made to a principal performer and there is no factual dispute with respect to such overpayment, the Union will cooperate with Producer to have the principal performer return the incorrect payment to Producer as promptly as possible. Alternatively, the overpayment may be credited against subsequent payments due to the same principal performer under the following circumstances: (a) The overpayment and subsequent payments are made for the same advertising agency. (b) The overpayment and subsequent payments are made on behalf of the same advertiser even if the advertising agencies are not the same. 3. Subject to the conditions and limitations set forth below, other payments due under this Contract may be applied to recoupment of an overpayment made under this Contract by a different advertising agency (where the same advertiser is not involved) if, in an initial letter to the principal performer, Producer identifies the overpayment as to the amount, date, commercial, advertiser and agency involved and: (a) Producer obtains written authorization from the principal performer in response to the initial letter; or (b) Producer sends a second notice to the principal performer with a copy to the Union no later than 90 days after the initial notice by registered or certified mail, return receipt requested, and the principal performer does not object in writing within 30 days after delivery of Producer’s second RI 3URGXFHU¶V VHFRQG notice. Under this paragraph (b), Producer may not reduce the gross amount of any subsequent payment by more than 25%. At the time of recoupment, Producer shall identify the payment from which the overpayment is being recouped, including the amount of such payment, nature (session fee, use fee, etc.), the commercial advertiser and agency involved. 4. The Union will continue its existing policy to assist Producers in adjusting overpayments in accordance with the above guidelines. In those instances where a Producer and a principal performer are unable to agree upon an arrangementDJUHH XSRQ DQ DUUDQJHPHQW, the Union willWKH 8QLRQ ZLOO, at Producer’s requestDW 3URGXFHU¶V UHTXHVW, actively participate in an effort to DFWLYHO\ SDUWLFLSDWH LQ DQ HIIRUW WR resolve the matter. 5. Claims for overpayment shall be barred if not made within 6 months after the date of overpayment.

Adjusting Undisputed Overpayments. 1. In all cases of overpayment, the performer must be notified in writing, prior to recoupment, of the overpayment amount, dates, commercial title(s), advertiser, and agency involved, and reason for recoupment. 2. Where an overpayment has been made to a principal performer Performer and there is no factual dispute with respect to such overpayment, the Union will cooperate with Producer to have the principal performer Performer return the incorrect payment to Producer as promptly as possible. Alternatively, the overpayment may be credited against subsequent payments due to the same principal performer Performer under the following circumstances: (a) a. The overpayment and subsequent payments are made for the same advertising agency. (b) b. The overpayment and subsequent payments are made on behalf of the same advertiser client even if the advertising agencies are not the same. 32. Subject to the conditions and limitations set forth below, other payments due under this Contract Agreement may be applied to recoupment of an overpayment made under this Contract Agreement by a different advertising agency (where the same advertiser is not involved) if, in an initial letter to the principal performerPerformer, Producer identifies the overpayment as to the amount, date, commercial, advertiser and agency involved involved; and: (a) a. Producer obtains written authorization from the principal performer Performer in response to the initial letter; or (b) b. Producer sends a second notice to the principal performer Performer with a copy to the Union no later than 90 days after the initial notice by registered or certified mail, return receipt requested, and the principal performer Performer does not object in writing within 30 days after delivery of the Producer’s 's second notice. Under this paragraph (b)Section 1.C.2.b, Producer may not reduce the gross amount of any subsequent payment by more than 25%. At the time of recoupment, Producer shall identify the payment from which the overpayment is being recouped, including the amount of such payment, nature (session fee, use fee, etc.), the commercial advertiser and agency involved. 43. The Union will continue its existing policy to assist Producers in adjusting overpayments in accordance with the above guidelines. In those instances where a Producer and a principal performer Performer are unable to agree upon an arrangementarrangements, the Union will, at Producer’s 's request, actively participate in an effort to resolve the matter. 54. Claims for overpayment shall be barred if not made within 6 months after the date of overpayment.