Annual Settlement. Within 120 days after the end of each calendar year or as soon after such 120-day period as practicable, Landlord will deliver to Tenant a statement of amounts payable by Tenant under SECTION 5.1 for such calendar year prepared and certified by Landlord (the "ANNUAL EXPENSE STATEMENT"). If the Annual Expense Statement shows an amount owing by Tenant that is less than the Estimated Taxes and Expense payments previously made by Tenant for such calendar year, the excess will be held by Landlord and credited against the next payment of Rent; however, if the term has ended and Tenant was not in default at its end, Landlord will refund the excess to Tenant within 60 days of the date of the Annual Expense Statement. If the Annual Expense Statement shows an amount owing by Tenant that is more than the Estimated Taxes and Expense payments previously made by Tenant for such calendar year, Tenant will pay the deficiency to Landlord within ten (10) days after the delivery of such statement. Each Annual Expense Statement provided by Landlord under this SECTION 5.5 shall be conclusive and binding upon Tenant unless within sixty (60) days after receipt thereof, Tenant shall notify Landlord that it disputes the correctness of the Annual Expense Statement, specifying the respects in which the Annual Expense Statement is claimed to be incorrect. Tenant, at its expense, shall then have the right to audit Landlord's books and records relating to the Annual Expense Statement. Pending determination of the dispute, Tenant shall pay within ten (10) days from notice any amounts due from Tenant in accordance with the Annual Expense Statement, but such payment shall be without prejudice to Tenant's position.
Annual Settlement. (i) On or before April 30 of each year beginning 1998, the Management Company shall determine the compensation (the "Annual Medical Group Compensation Amount") earned by the Medical Group with respect to the prior calendar year in accordance with the following calculation:
(A) The total Collections for all Medical Group Services rendered during such year, minus
(B) the sum of the following:
(1) the Management Fee earned by the Management Company for the previous calendar year; and
(2) the Authorized Management Company Operating Costs (as hereinafter defined) actually paid by the Management Company during such year.
(ii) If the Annual Medical Group Compensation Amount thus determined exceeds (the "Annual Shortfall") the total of the twelve (12) Monthly Draws paid by the Management Company to the Medical Group during the previous calendar year (the "Annual Draw Amount"), the Management Company shall pay to the Medical Group on or before May 15, an amount equal to the Annual Shortfall, plus interest thereon at the rate of eight (8%) percent per annum, commencing July 1 of the prior calendar year (or, with respect to the first calendar year of this Agreement, if applicable, the Commencement Date). If the Annual Medical Group Compensation Amount is less (the "Annual Overpayment") than the Annual Draw Amount, the Management Company shall withhold from the Monthly Draw otherwise payable to the Medical Group, during each of the following six (6) months, an amount equal to one-sixth (1/6) of such Annual Overpayment, plus interest thereon at the rate of eight (8%) percent per annum, commencing July 1 of the prior calendar year (or, with respect to the first calendar year of this Agreement, if applicable, the Commencement Date).
(iii) With respect to this Section 5.3(b), for purposes of determining the total Collections for all Medical Group Services provided during any calendar year or portion thereof during the Term, all Collections during January, February, and March of such year shall be deemed to be for Medical Group Services rendered during the previous calendar year, and all Collections during April through December shall be deemed to be for Medical Group Services rendered during the calendar year in which such Collections were received. The foregoing shall also apply with respect to determining the Management Fee earned by the Management Company for the previous calendar year, for purposes of this Section 5.3(b).
(iv) Notwithstanding anything to the contrary ...
Annual Settlement. Settlement against man-years shall be performed at least once in the calendar year, at a date stipulated by the pool agreement. Hours settled with compensation for waiting time or overtime pay (e.g. compensation for work and mandatory courses during periods off work, work beyond 12 hours per day and compensation for prolonged tour offshore) are not counted as part of the man-year.
1) Not enough hours worked inside the annual settlement period shall be deleted.
2) Hours worked in excess of the man-year shall be compensated for through overtime pay in the annual settlement
3) Local pool agreements may incorporate previsions on time off in lieu of extra hours worked, and working to make up for minus hours. In all events, the timing for taking time off in lieu of extra hours worked, and any additional working to make up for minus hours must be agreed in writing with the employee in question. The local agreement may not stipulate a work-in of more than 84 minus hours, and such additional make-up work must take place within a period of maximum 12 weeks following the date of settlement.
Annual Settlement. Within one hundred twenty (120) days after the end of each calendar year in which Section 5.2 was applicable, or as soon after such one hundred twenty (120) day period as practicable, Landlord shall deliver to Tenant a statement of amounts payable under Section 5.1 for such calendar year prepared and certified by Landlord. Such certified statement shall be final and binding upon Landlord and Tenant unless Tenant objects to it in writing to Landlord within thirty (30) days after it is given to Tenant. If such statement shows an amount owing by Tenant that is less than the estimated payments previously made by Tenant for such calendar year, the excess shall be held by Landlord and credited against the next payment of Rent; however, if the Term has ended and Tenant was not in default at its end, Landlord shall refund the excess to Tenant. If such statement shows an amount owing by Tenant that is more than the estimated payments previously made by Tenant for such calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after the delivery of such statement. Within the thirty (30) day period for Tenant's objection to the certified statement, Tenant may review Landlord's records of the Operating Expenses, at Tenant's sole cost and expense, at the place Landlord normally maintains such records during Landlord's normal business hours, upon reasonable advance written notice.
Annual Settlement. As soon as practicable after the close of each calendar year subsequent to the Base Year, Landlord will deliver to Tenant its statement of Tenant's Share of Additional Expenses and Additional Taxes for such calendar year. If on the basis of such statement Tenant owes an amount that is less than the estimated payments previously made by Tenant for such calendar year, Landlord will either refund such excess amount to Tenant or credit such excess amount against the next payment(s), if any, due from Tenant to Landlord. If on the basis of such statement Tenant owes an amount that is more than the estimated payments previously made by Tenant for such calendar year, Tenant will pay the deficiency to Landlord within 30 days after the delivery of such statement. If this Lease commences on a day other than the first day of a calendar year or terminates on a day other than the last day of a calendar year, Tenant's Share of Additional Expenses and Additional Taxes applicable to the calendar year in which such commencement or termination occurs will be prorated on the basis of the number of days within such calendar year that are within the Term.
Annual Settlement. Within ninety (90) days after the end of each calendar year or as soon after such ninety (90) day period as practicable, Landlord will deliver to Tenant a statement of amounts payable under Section 5.1, above, for such calendar year prepared and certified by Landlord. Such certified statement will be final and binding upon Landlord within thirty (30) days after it is given to Tenant. If such statement shows an amount owing by Tenant that is less than the estimated payments previously made by Tenant for such calendar year, the excess will be held by Landlord and credited against the next payment of Rent; however, if the Term has ended and Tenant was not in default at its end, Landlord will refund the excess payment previously made by Tenant for such calendar year, if such statement shows a balance due from Tenant, Tenant will pay the deficiency to Landlord within thirty (30) days after the delivery of such statement. Tenant may review Landlord's records of the Operating Expenses, at Tenant's sole cost and expense, at the place Landlord normally maintains such records during Landlord's normal business hours.
Annual Settlement. 3.1 It is expected that during a full Maintenance Period one party shall, to the extent practicable, take from the other party the same number of kilowatt-hours, up to the aforesaid 10,000,000 kilowatt-hours specified in Section 2 of this Service Schedule, that such other party has delivered pursuant to said Section 2. If, however, the total kilowatt-hours received by one party during a full Maintenance Period, pursuant to said Section 2, is greater than the total kilowatt-hours delivered by such party during such period and pursuant to said Section 2, the parties shall (1), subject to their mutual agreement, effect the arrangements provided for in subsection 3.11 below or (2), subject to their mutual agreement, effect a combination of the arrangements provided for in subsection 3.11 below and a cash settlement as provided for in subsection 3.12 below or (3) effect a cash settlement as provided for in subsection 3.12 below.
Annual Settlement. Within 120 days after the end of each Agreement Year, Anthem will perform an annual accounting in which the total Non-Capitated Claims paid under the Plan during the Agreement Year (excluding Non- Capitated Claims which exceed the Pooling Limit) are compared to the Claims Liability Limit. • If the total amount of such Non-Capitated Claims paid for the Agreement Year exceeds the Claims Liability Limit, the excess will be refunded to the Group. • If the Claims Liability Limit is greater than the amount of such Non-Capitated Claims paid during the Agreement Year, the difference between the two amounts is the amount of the Surplus on the Plan for the Agreement Year.
Annual Settlement. Within 120 days after the end of each calendar year or as soon after such 120-day period as practicable, Landlord will deliver to Tenant a statement of amounts payable under Section 5.1 for such calendar year prepared and certified by Landlord. Such certified statement will be final and binding upon Landlord and Tenant unless Tenant objects to it in writing to Landlord within 60 days after it is given to Tenant. If such statement shows an amount owing by Tenant that is less than the estimated payments previously made by Tenant for such calendar year, the excess will be held by Landlord and credited against the next payment of Rent; however, if the Term has ended and Tenant was not in default at its end, Landlord will refund the excess to Tenant. If such statement shows an amount owing by Tenant that is more than the estimated payments previously made by Tenant for such calendar year, Tenant will pay the deficiency to Landlord within 30 days after the delivery of such statement. Tenant may review Landlord's records of the Operating Expenses, at Tenant's sole cost and expense, at the place Landlord normally maintains such records during Landlord's normal business hours upon reasonable advance written notice.
Annual Settlement. As soon as practicable after the close of each Fiscal Year subsequent to the Base Expense Year, Landlord shall deliver to Tenant a statement of Tenant’s Expense Share of Additional Expenses for such Fiscal Year (the “Annual Expense Statement”). If, on the basis of such Annual Expense Statement, Tenant shall owe an amount that is less than the sum of the Monthly Estimated Expense Payments previously paid by Tenant for such Fiscal Year, Landlord shall, at Landlord’s option, either refund such excess amount to Tenant or credit such excess amount against the next Monthly Estimated Payment(s) due or to become due from Tenant to Landlord except that after the expiration or earlier termination of the Term, Landlord shall promptly refund such excess amount to Tenant after Tenant shall have paid to Landlord all Base Rent, Additional Rent and other Rent that shall be payable under this Lease through the Expiration Date. If, on the basis of such Annual Expense Statement, Tenant shall owe an amount that is more than the sum of the Monthly Estimated Expense Payments previously paid by Tenant for such Fiscal Year, Tenant shall pay the deficiency to Landlord within thirty (30) days after the delivery of such Annual Expense Statement to Tenant.
