COLLATERAL RECOVERY Sample Clauses

COLLATERAL RECOVERY. If Seller seeks to recover payment from a collateral source, pursuant to Division 4, Part 6 (Work of Improvement) of the California Civil Code (for example, against the owner of real property on a Mechanic's Lien claim), Seller shall only be required to credit against Xxxxx’s account the net amount recovered after deducting costs and actual attorneys’ fees incurred. Furthermore, in the event that Seller is unsuccessful in its attempt to recover from a collateral source, Seller’s reasonable costs and reasonable attorneys’ fees incurred in the unsuccessful attempt shall be added to Xxxxx's account. For purposes of proceeding against a collateral source, all unpaid invoices for that Work of Improvement shall be deemed immediately due and payable.
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COLLATERAL RECOVERY. If ABS recovers payment from a collateral source (on a mechanic s lien claim, stop notice, or similar statutory claim), ABS shall credit Buyer s account only with the net amount recovered by ABS after deduction of all costs and actual attorney’s fees (whether or not some or all of those fees are included in a Court award or in a settlement agreement). Furthermore, in the event that ABS is unsuccessful in its attempt to recover from a collateral source, ABS reasonable costs and attorney’s fees may be added to Buyer s account. ABS may proceed against a collateral source at any time regardless of the aging of Buyer s invoices.
Sample 1
COLLATERAL RECOVERY. If Arcadia recovers any money from a third party on a mechanic's lien, stop payment notice, payment bond, or other statutory remedy, Arcadia shall apply the recovered amount as follows: first to Arcadia’s actual attorneys’ fees incurred and paid by Xxxxxxx in pursuing such third-party; second, to court costs; third, to service charges accrued on Buyer’s account; fourth, to the principal balance owed on the account related to the statutory claim against the third party or parties. If Arcadia tries but fails to recover all or any portion of its claim against the third-party, Arcadia’s reasonable court costs and attorneys’ fees may be added to Xxxxx's account if Arcadia’s failure to recover all or any portion of the amount of its claim was due in full or in part to Buyer’s failure to prove that the Products purchased from Arcadia were used on the job described on Arcadia’s unpaid invoices to Buyer or because Buyer misrepresented any material fact to Arcadia. In any mechanic’s lien, stop payment notice, payment bond, or other action based upon a statutory remedy against one or more third parties, all of Arcadia’s unpaid invoices with respect to the action shall be deemed due within 30 days of the date of delivery of the Products to Buyer.
Sample 1
COLLATERAL RECOVERY. If Xxxxxx seeks to recover payment from a collateral source, pursuant to Division 4, Part 6 (Work of Improvement) of the California Civil Code (for example, against the owner of real property on a Mechanic's Lien claim), Avalon shall only be required to credit against Xxxxx’s account the net amount recovered after deducting costs and actual attorneys’ fees incurred. Furthermore, in the event that Avalon is unsuccessful in its attempt to recover from a collateral source, Avalon costs and attorneys’ fees incurred in the unsuccessful attempt shall be chargeable to and collectible from Buyer. For purposes of proceeding against a collateral source, all unpaid invoices for purchased products by Buyer shall be deemed immediately due and payable.
Sample 1
COLLATERAL RECOVERY. If National Lumber seeks to recover payment from a collateral source (for example, against the owner of real property on a Mechanic’s Lien claim), National Lumber shall only be required to credit against Xxxxx’s account the net amount recovered after deducting costs and actual attorneys’ fees incurred. Furthermore, in the event that National Lumber is unsuccessful in its attempt to recover from a collateral source, National Lumber’s costs and attorneys’ fees incurred in the unsuccessful attempt shall be chargeable to and collectible from Buyer. For purposes of proceeding against a collateral source, all unpaid invoices for purchased products by Buyer shall be deemed immediately due and payable. The Buyer hereby grants to National Lumber a security interest in the products sold to the Buyer and any proceeds therefrom (including accounts receivable), until payment in full for the products has been received by National Lumber. The Buyer shall sign and deliver to National Lumber any document to perfect this security interest that National Lumber reasonably requests.
Sample 1
COLLATERAL RECOVERY. If Glasswerks seeks to recover payment from a collateral source, pursuant to Division 4, Part 6 (Work of Improvement) of the California Civil Code (for example, against the owner of real property on a Mechanic's Lien claim), Glasswerks shall only be required to credit against Xxxxx’s account the net amount recovered after deducting costs and actual attorneys’ fees incurred. Furthermore, in the event that Avalon is unsuccessful in its attempt to recover from a collateral source, Avalon costs and attorneys’ fees incurred in the unsuccessful attempt shall be chargeable to and collectible from Buyer. For purposes of proceeding against a collateral source, all unpaid invoices for purchased products by Buyer shall be deemed immediately due and payable.
Sample 1

Related to COLLATERAL RECOVERY

  • Administrative Cost Recovery 3.1 In order to assist in the defrayment of the costs of administration and other expenses incurred by the Bank under this Agreement, the Bank may, following deposit of Contribution funds, deduct from such funds and retain for the Bank’s own account an amount equal to five percent (5.0%) of the Contributions.

  • CUSTODIAL ACCOUNTS It is agreed that all accounts opened under the Uniform Gift to Minors Act (UGMA), the Uniform Transfers to Minors Act (UTMA), or similar state statutes will be properly created and that all property so transferred will be done in compliance with such applicable statutes. There will be good faith reliance upon the instructions given, representations made and actions taken by a transferor or custodian. Further, the custodian represents and warrants that the assets in the account belong to the minor and that all such assets, whether or not transferred out of the UGMA or UTMA account, will only be used for the benefit of the minor.

  • Repayment and Recovery (a) At the End of a Funding Year. If, in any Funding Year, the HSP has not spent all of the Funding the LHIN will require the repayment of the unspent Funding.

  • Sample Collection The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen must be agreed to between the Union and the Employer. The laboratory used shall also be one whose procedures are periodically tested by the NIDA where they analyze unknown samples sent to an independent party. The results of employee’s tests shall be made available to the Medical Review Officer. Collection of urine samples shall be conducted in a manner, which provides the highest degree of security for the sample and freedom from adulteration. Recognized strict chain of custody procedures must be followed for all samples as set by NIDA. The Union and the Employer agree that security of the biological urine samples is absolutely necessary therefore the Employer agrees that if the security of the sample is compromised in anyway, any positive test shall be invalid and may not be used for any purpose. Urine samples will be submitted as per NIDA Standards. Employees have the right for Union or legal counsel representative to be present during the submission of the sample. A split sample shall be reserved in all cases for an independent analysis in the event of a positive test result. All samples must be stored in a scientific acceptable preserved manner as established by NIDA. All positive confirmed samples and related paperwork must be retained by the laboratory for at least six (6) months or for the duration of any grievance, disciplinary action or legal proceedings whichever is longer. At the conclusion of this period, the paperwork and specimen shall be destroyed. Tests shall be conducted in a manner to ensure that an employee’s legal drug use and diet does not affect the test results.

  • Information Collection Information collection activities performed under this award are the responsibility of the awardee, and NSF support of the project does not constitute NSF approval of the survey design, questionnaire content or information collection procedures. The awardee shall not represent to respondents that such information is being collected for or in association with the National Science Foundation or any other Government agency without the specific written approval of such information collection plan or device by the Foundation. This requirement, however, is not intended to preclude mention of NSF support of the project in response to an inquiry or acknowledgment of such support in any publication of this information.

  • Debt Collection Unpaid licensing fees and charges for cleaning, damage to property, equipment, and furnishings are an obligation by the occupant to Housing Services. Any unpaid account balances will be sent to an outside collection agency and may be reported to one or more credit bureau reporting service(s). After internal collection efforts have failed to result in full payment, and in accordance with RCW 19.16.500, collection fees of up to 50% of the unpaid balance will be assessed to your account, and you are responsible for paying these fees together with all costs and expenses, including reasonable attorney's fees and court costs, necessary for the collection of your delinquent account. Requests for future housing will be considered only if payments are current.

  • Collateral Each of the Banks represents to the Agent and each of the other Banks that it in good faith is not relying upon any "margin stock" (as defined in Regulation U) as collateral in the extension or maintenance of the credit provided for in this Agreement.

  • Cost Recovery The Parties acknowledge that the price for energy as described in Exhibit A includes the Consultant Commission described in Exhibit A to cover the cost of developing, implementing and operating the Aggregation. The Competitive Supplier agrees to include this cost adder in the Price for energy, and to make the monthly commission payments on behalf of Participating Consumers, in the manner described in Exhibit A, and acknowledges this obligation as a material obligation of this Agreement.

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