Correction of Overpayments Sample Clauses

Correction of Overpayments. Optum or Payor shall give written notice to Provider at least 30 calendar days before Optum or Payor seeks recovery of an overpayment. The notice must include adequate information for Provider to identify the specific claim and the specific reason for the recovery. Optum may not initiate recovery of an overpayment more than 365 days after the date the original payment was made to Provider or Provider’s agents, unless Optum has clear and documented reason to believe that Provider or its agent has committed fraud or other intentional misconduct.
Sample 1
AutoNDA by SimpleDocs
Correction of Overpayments. If the actual Additional Rent, if any, due by Subtenant under Section 4(1) of this Sublease for such calendar year, or portion thereof, is less than the estimated Additional Rent paid by Subtenant under Section 4(m) of this Sublease during such calendar year, or portion thereof, then Sublandlord shall allow a credit in the amount of such overpayment against the aggregate payment of Base Rent and estimated Additional Rent otherwise becoming due under Section 4(b) and Section 4(m) of this Sublease on the next ensuing monthly payment(s) of Rent date or dates, if any, after delivery of such statement to Subtenant; provided that if the Sublease Term has ended or shall end prior to utilization of such entire overpayment as a credit against Rent hereunder, Sublandlord shall promptly refund such overpayment (to the extent not credited against Rent otherwise becoming due hereunder) to Subtenant.
Sample 1
Correction of Overpayments. If the actual Additional Rent, if any, due by Tenant under Section 5.8 for such calendar year, or portion thereof, is less than the estimated Additional Rent paid by Tenant under Section 5.9 during such calendar year, or portion thereof, then Landlord shall allow a credit in the amount of such overpayment against the aggregate payment of Base Rent and estimated Additional Rent otherwise becoming due under Section 5.2 and Section 5.9 on the next ensuing monthly payment(s) of Rent date or dates, if any, after delivery of such statement to Tenant; provided that if the Term of this Lease has ended or shall end prior to utilization of such entire overpayment as a credit against Rent hereunder, Landlord shall promptly refund such overpayment (to the extent not credited against Rent otherwise becoming due hereunder) to Tenant.
Sample 1

Related to Correction of Overpayments

  • Underpayments/Overpayments If a report of an independent public accounting firm submitted to the Parties in accordance with Section 4.4.6 shows any underpayment of royalties and other payments due under this Article IV, Nestlé will remit to the Company within forty five (45) days after receipt of such report by Nestlé, (a) the amount of such underpayment plus interest, calculated from the date such underpayment should have been originally made to the Company and (b) if such underpayment exceeds [**] of the total amount owed to the Company for the Calendar Year then being audited, the reasonable fees and expenses of such independent public accounting firm performing the audit, subject to reasonable substantiation thereof. If such independent public accounting firm’s written report shows any overpayment of royalties or other payments due under this Article IV, Nestlé will receive a credit equal to such overpayment plus interest, calculated from the date such overpayment was originally made to the Company hereunder against the royalties and other payments due under this Article IV otherwise payable to the Company.

  • Overpayments Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar days of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty (30) calendar days after notice to Contractor.

  • Allocation of Overhead To the extent that Borrower, on the one hand, and the Servicer, the Parent, the Performance Guarantor, any Originator or any Affiliate thereof, on the other hand, have offices in the same location, there shall be a fair and appropriate allocation of overhead costs between them, and the Borrower shall bear its fair share of such expenses, which may be paid through the Servicing Fee or otherwise.

  • Overpayment Provider shall be liable to the GLO for any costs disallowed pursuant to financial and/or compliance audit(s) of funds received under this Contract. Provider shall reimburse such disallowed costs from funds other than those that Provider received under this Contract. Provider must refund disallowed costs and overpayments of funds received under this Contract to the GLO within 30 days after the GLO issues notice of overpayment to Provider.

  • Underpayments a. In the event the employee does not receive the wages or benefits to which the record/documentation has for all times indicated the employer agreed the employee was entitled, the Agency shall notify the employee in writing of the underpayment. This notification will include information showing that an underpayment exists and the amount of wages and/or benefits to be repaid. The Agency shall correct any such underpayment made within a maximum period of two (2) years before the notification.

  • Tax Examinations The IRS has examined (or is foreclosed from examining by applicable statutes) the federal income tax returns of any of the Company’s, the Borrower’s or its Subsidiaries’ predecessors in interest with respect to the Projects for all tax periods prior to and including the taxable year ending December 31, 2009 and the appropriate state Governmental Authority in each state in which the Company’s, the Borrower’s or its Subsidiaries’ predecessors in interest with respect to the Projects were required to file state income tax returns has examined (or is foreclosed from examining by applicable statutes) the state income tax returns of any of such Persons with respect to the Projects for all tax periods prior to and including the taxable year ending December 31, 2009. All deficiencies which have been asserted against such Persons as a result of any federal, state, local or foreign tax examination for each taxable year in respect of which an examination has been conducted have been fully paid or finally settled or are being contested in good faith, and no issue has been raised in any such examination which, by application of similar principles, reasonably can be expected to result in assertion of a material deficiency for any other year not so examined which has not been reserved for in the financial statements of such Persons to the extent, if any, required by GAAP. No such Person has taken any reporting positions for which it does not have a reasonable basis nor anticipates any further material tax liability with respect to the years which have not been closed pursuant to applicable law.

  • Collection of Taxes, Assessments and Similar Items; Escrow Accounts (a) To the extent required by the related Mortgage Note and not violative of current law, the Master Servicer shall establish and maintain one or more accounts (each, an "Escrow Account") and deposit and retain therein all collections from the Mortgagors (or advances by the Master Servicer) for the payment of taxes, assessments, hazard insurance premiums or comparable items for the account of the Mortgagors. Nothing herein shall require the Master Servicer to compel a Mortgagor to establish an Escrow Account in violation of applicable law.

Time is Money Join Law Insider Premium to draft better contracts faster.