Defendant’s Right to Challenge or Reduce Settlement Payments Sample Clauses

Defendant’s Right to Challenge or Reduce Settlement Payments. Notwithstanding any other provisions of this Agreement, Defendant shall have the right to challenge or reduce the amount of any Claim Settlement Payment owed to any Claimant on the basis that (i) the Claimant is not a Settlement Class Member, (ii) the Non-Material Depreciation portion of the Claim Settlement Payment amount as calculated above would exceed the applicable limit of liability under the Class Member’s Policy; or (iii) the Non-Material Depreciation portion of the Claim Settlement Payment amount as calculated above was already recovered through RCB payments. More specifically, Defendant shall have the right to challenge or reduce Claim Settlement Payments for the following reasons, but only these reasons:
AutoNDA by SimpleDocs

Related to Defendant’s Right to Challenge or Reduce Settlement Payments

  • Our Right to Make Payments and Recover Overpayments If payments which should have been made by us according to this provision have actually been made by another organization, we have the right to pay those organizations the amounts we decide are necessary to satisfy the rules of this provision. These amounts are considered benefits provided under this plan and we will not have to pay those amounts again. If we make payments for allowable expenses, which are more than the maximum amount needed to satisfy the conditions of this provision, we have the right to recover the excess amounts from: • the person to or for whom the payments were made; • any other insurers; and/or • any other organizations (as we decide). As the subscriber, you agree to pay back any excess amount paid, provide information and assistance, or do whatever is necessary to aid in the recovery of this excess amount. The amount of payments made includes the reasonable cash value of any benefits provided in the form of services.

  • Right to Compel Performance Notwithstanding the foregoing, upon the occurrence of an event of Default, a non-Defaulting Interconnection Party shall be entitled to (a) commence an action to require the Defaulting Interconnection Party to remedy such Default and specifically perform its duties and obligations hereunder in accordance with the terms and conditions hereof, (b) withhold payments, (c) suspend performance hereunder, and (d) exercise such other rights and remedies as it may have in equity or at law; provided, however, that the Transmission Provider shall not terminate the Interconnection Service Agreement due to the failure of Interconnection Customer to make a payment hereunder unless such failure could reasonably be expected to have a material adverse effect on the Interconnected Transmission Owner.

  • City’s Right to Withhold Payment In the event City becomes credibly informed that any representations of Consulting Engineer/Architect provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consulting Engineer/Architect until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. In the event City questions some element of an invoice, that fact shall be made known to Consulting Engineer/Architect immediately. Consulting Engineer/Architect will help effect resolution and transmit a revised invoice, if necessary. Amounts not questioned by City shall be paid to Consulting Engineer/Architect in accordance with the contract payment procedures.

  • Termination Due To Lack Of Funding Appropriation If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

  • STUDENT’S RIGHT TO CANCEL You have the right to cancel or withdraw and receive a refund of 100% of the amount paid for institutional charges, less the STRF of $0.00, and a reasonable deposit or application fee not to exceed $250, through attendance at the first class session, or the seventh day after enrollment, whichever is later, if notice of cancellation is received on or before the right to cancel date. See table below. First Term of Enrollment 2020-2021 Academic Year Application Deadline Classes Begin Right to Cancel Date Fall Term 2020 Sept 1, 2020 Sept 8, 2020 Sept 15, 2020 Spring Term 2021 Jan 14, 2021 Jan 19, 2021 Jan 26, 2021 Summer Term 2021 June 1, 2021 June 7, 2021 June 14, 2021 To cancel, students must submit a written and signed notice of Withdrawal Form to the Registrar's Office by the right to cancel date above. The Withdrawal Form can be downloaded from xxx.xxxxxxxxxxxxxxxx.xxx/xxxxxxxxx/ student-forms. Students are not required to purchase books, supplies or equipment through Cambridge College, and the College does not offer student housing or transportation. Therefore these expenses cannot be refunded by the College. REFUNDS & REPAYMENT Students who withdraw from Cambridge College after having paid the current term charges or receiving financial aid are subject to the following refund and repayment policies. Federal guidelines mandate that tuition, fees, and other related charges are prorated based upon each student’s enroll- ment status. Tuition and fees may be refunded. No other charges are refundable. REFUNDS & REPAYMENT—STUDENTS RECEIVING TITLE IV FINANCIAL AID Exit Counseling. All borrowers of federal student loans must complete federally mandated exit counseling when gradu- ating or dropping to less than half-time enrollment status. Exit counseling prepares students for repayment. Students must do the exit counseling in its entirety, with complete and correct information; otherwise the degree, diploma, and official transcripts will be withheld. To complete the exit interview online, go to xxx.xxxxxxxxxxxx.xxx, and click on Exit Counseling. Repayment of Federal Funds. Students receiving federal financial aid, who withdraw from the College or stop attending all classes during a term before more than 60% of the term has elapsed, are subject to specific federal regulations. The amount of Title IV aid that you must repay is determined by the federal formula for return of Title IV funds as speci- fied in Section 484B of the Higher Education Act. The amount of Title IV aid that you earned during the term before you withdrew is calculated by multiplying the total aid for which you qualified by the percentage of time in the term that you were enrolled (college work-study not included). Your disbursement or repayment owed: • If less aid was disbursed to you than you earned, you may receive a late disbursement for the difference. • If more aid was disbursed to you than you earned, you will be billed for the amount you owe to the Title IV programs and any amount due to the College resulting from the return of Title IV funds used to cover College charges. Cambridge College will return the unearned aid to Title IV programs as specified by law. Students who have received federal student financial aid funds are entitled to a refund of any moneys not paid from federal student financial aid program funds (see below).

  • Notification of Compromise or Potential Compromise The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS.

  • Xxxxxxxx’s Right to Reinstate After Acceleration If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower’s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys’ fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender’s interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Xxxxxx’s interest in the Property and rights under this Security Instrument, and Borrower’s obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d)

  • Right to Contest Borrower, at its own expense, may contest by appropriate legal proceedings, conducted diligently and in good faith, the amount or validity of any Imposition other than Insurance premiums and Ground Rent (if applicable), if: (i) Borrower notifies Lender of the commencement or expected commencement of such proceedings, (ii) the Mortgaged Property is not in danger of being sold or forfeited, (iii) if Borrower has not already paid the Imposition, Borrower deposits with Lender reserves sufficient to pay the contested Imposition, if requested by Lender, and (iv) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender, which may include the delivery to Lender of reserves established by Borrower to pay the contested Imposition.

  • No Right to Cancel You do not have the right to cancel your subscription or change your mind. Once you sign this Investment Agreement, you are obligated to purchase the Note, no matter what, even if the ORering is over-subscribed and the amount of your Note is reduced.

  • STATE'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the State to commence and continue correction of such default or neglect with diligence and promptness, the State may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's and the State’s additional services made necessary by such default, neglect or failure. Such action by the State and the amount charged to the Contractor are both subject to review by the Architect under Paragraph 2.2.14 of these General Conditions. If the payments then or thereafter due the Contractor are not sufficient to cover the amounts paid by the State to make good such deficiencies, then the Contractor shall pay the difference to the Owner.

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