Adjustment of Funding. (a) The Funder may adjust the Funding in any of the following circumstances:
(1) in the event of changes to Applicable Law or Applicable Policy that affect Funding;
(2) on a change to the Services;
(3) if required by either the Director or the Minister under the Act;
(4) in the event that a breach of this Agreement is not remedied to the satisfaction of the Funder; and
(5) as otherwise permitted by this Agreement.
(b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The Funder will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement.
(c) In determining the amount of a funding adjustment under section 5.1 (a) (4) or (5), the Funder shall take into account the following principles:
(1) Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement;
(2) the HSP should not gain from a breach of this Agreement;
(3) if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and
(4) the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.
Adjustment of Funding. (a) The Funder may adjust the Funding in any of the following circumstances:
(1) in the event of changes to Applicable Law or Applicable Policy that affect Funding;
(2) on a change to the Services;
(3) if required by either the Director or the Minister under the Act;
(4) in the event that a breach of this Agreement is not remedied to the satisfaction of the Funder; and
(5) as otherwise permitted by this Agreement.
(b) Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The Funder will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement.
(c) In determining the amount of a funding adjustment under section 5.1 (a)
Adjustment of Funding. (a) The LHIN may adjust the Funding in any of the following circumstances: (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding;
Adjustment of Funding. (a) The LHIN may adjust the Funding in any of the following circumstances: LONG-TERM CARE HOME SERVICE ACCOUNTABILITY AGREEMENT APRIL 1, 2019 - MARCH 31, 2022 (1) in the event of changes to Applicable Law or Applicable Policy that affect Funding;
Adjustment of Funding. The LHIN may adjust the Funding in any of the following circumstances: in the event of changes to Applicable Law or Applicable Policy that affect Funding; on a change to the Services; if required by either the Director or the Minister under the Act; in the event that a breach of this Agreement is not remedied to the satisfaction of the LHIN; and as otherwise permitted by this Agreement. Funding recoveries or adjustments required pursuant to section 5.1(a) may be accomplished through the adjustment of Funding, requiring the repayment of Funding, through the adjustment of the amount of any future funding installments, or through both. Approved Funding already expended properly in accordance with this Agreement will not be subject to adjustment. The LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. In determining the amount of a funding adjustment under section 5.1 (a) (4) or (5), the LHIN shall take into account the following principles: Resident care must not be compromised through a funding adjustment arising from a breach of this Agreement; the HSP should not gain from a breach of this Agreement; if the breach reduces the value of the Services, the funding adjustment should be at least equal to the reduction in value; and the funding adjustment should be sufficient to encourage subsequent compliance with this Agreement, and such other principles as may be articulated in Applicable Law or Applicable Policy from time to time.
Adjustment of Funding. Upon completion of the project, if actual costs exceed the amount of payment, the Town shall reimburse the Department any under payment within sixty (60) days of invoicing by the Department. The Department will charge a late payment penalty and interest on any unpaid balance due in accordance with G. S. 147-86.
Adjustment of Funding. 1 Share Percentage and Seller Share Percentage on Calculation Dates 6 9. Minimum Seller Share..................................................................... 8 10. Allocation and Distribution of Revenue Receipts.......................................... 10 11. Allocation and Distribution of Principal Receipts........................................ 11 12.
Adjustment of Funding. Share Percentage and Seller Share Percentage on Distribution Dates.............
Adjustment of Funding. 12.1. TVCA reserves the right to make an Adjustment to the Funding Allocation, where in the opinion of TVCA, the Grant Recipient is unlikely to deliver the levels of Funded Activity anticipated by the Delivery Plan.
12.2. Such Adjustment may occur following the Reconciliation that TVCA shall conduct throughout the Term on the Reconciliation Dates, but for the avoidance of doubt, is not limited to these circumstances.
12.3. Where TVCA wishes to make an Adjustment:-
a. TVCA shall notify the Grant Recipient in writing by issuing a notice of Adjustment attaching a revised Part 2 (Funding Particulars) which shall become effective immediately on receipt by the Grant Recipient; and
b. the Grant Recipient shall revise the Delivery Plan in line with the amended Funding Allocation within thirty (30) days of the written agreement with TVCA.
Adjustment of Funding. 17.1 The sums payable under clauses 15.1 and 15.2 will be adjusted to reflect the imposition of any new statutory charges levied on the Operator by central or local government (excluding any additional charges levied by Trackco), not in existence on the Commencement Date to the extent necessary to compensate for the net effect of such new charge.
17.2 The level of cumulative economic gain or loss as shown in the statements prepared by the Operator in accordance with clause 22.5 will be reviewed by Greater Wellington on each Review Date . The Operator will adopt a financial year ending 30 June to better facilitate the calculation of the cumulative economic gain or loss.
17.3 If on any Review Date the Operator has generated a cumulative economic gain, as shown by the statement of cumulative economic gain/(loss), and the Operator, to the reasonable satisfaction of Greater Wellington, has at all times since the preceding Review Date provided the Rail Service consistently in accordance with the Minimum Service Requirements: • The Operator will pay to Greater Wellington forthwith, and in any event no later than 90 days from the respective Review Date, an amount equal to 50% of the cumulative economic gain • The remaining 50% of the cumulative economic gain will be to the account of the Operator • Whether payable or not, the cumulative economic gain account will be set to zero such that there will be no economic xxxx carried over into the financial year immediately following each Review Date.
17.4 If on any Review Date the Operator has generated a cumulative economic gain, as shown by the statement of cumulative economic gain/(loss), and the Operator has not to the reasonable satisfaction of Greater Wellington provided the Rail Services consistently in accordance with the Minimum Service Standards: • The Operator shall pay to Greater Wellington forthwith, and in any event no later than 90 days from the respective Review Date, an amount equal to the cumulative economic gain; and • The cumulative economic gain account will be set to zero such that there will be no economic gain carried over into the financial year immediately following each Review Date.
17.5 If at the Review Date, the Operator has generated a cumulative economic loss, as shown by the statement of cumulative economic gain/(loss), and the Operator, to the reasonable satisfaction of Greater Wellington, has at all times during the preceding period provided the Rail Service consistently in accordance wi...
