Disallowance of Payment Sample Clauses

Disallowance of Payment. In the event that Contractor claims or receives payment from County for a service, reimbursement for which is later disallowed by County, State of California, or the United States Government, then Contractor shall promptly refund the disallowed amount to County upon request, or at its option, County may offset the amount disallowed from any payment due or that becomes due to Contractor under this Agreement or any other agreement.
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Disallowance of Payment. All payments made under this Order, including those to an approved assignee, shall be subject to setoff or recoupment for any present or future claim or claims that Buyer may have against Seller, including any amount paid to the Seller disallowed by the Government Contracting Officer. If Buyer is required, because of any action of the Seller, to refund or credit to the Government any amount with respect to an item of cost for which Xxxxx has reimbursed the Seller, the Seller shall, upon written demand by Xxxxx, promptly repay such amount. Buyer reserves the right to make settlements, or adjustments, or both, with the Seller under the terms of this Order, notwithstanding any assignment of claims for monies due or to become due hereunder and without notice to the approved assignee.
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Disallowance of Payment. If any amount paid by Hoku to IdaTech is disallowed under the Prime Contract, or if Hoku is required, due to any action by Customer, to refund or credit to Customer any amount with respect to a cost item which Hoku has paid IdaTech, IdaTech shall, upon receipt of written notice from Hoku, promptly repay Hoku the disallowed amount; provided, however, if Hoku shall recover any disallowed amount, or any part thereof, Hoku shall reimburse such amount to IdaTech. This provision is not applicable if the basis for the disallowance is determined to be solely related to the performance of Hoku’s membrane electrode assembly. If such disallowance affects both parties, Hoku and IdaTech shall jointly determine whether such disallowance shall be appealed as an allowable cost under the Prime Contract. In the event Hoku and IdaTech jointly decide to file such appeal, IdaTech shall reasonably assist and cooperate with Hoku by furnishing all materials in IdaTech’s possession and requested by Hoku in seeking a reversal of the disallowance. Each party shall pay their respective legal and other expenses related to such appeal. In the event such disallowance does not affect Hoku, Hoku shall notify IdaTech in writing.
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Disallowance of Payment. If payment has been made for any item but later on some defect is noticed, Purchaser is authorized to disallow payment of the subsequent bill till rectification /replacement of the item.
Sample 1

Related to Disallowance of Payment

  • Issuance of Payments Payments shall be delivered as follows: (i) All payments owed to Balabbo, pursuant to § 3.1 shall be delivered to the following payment address: Xxxx X. Xxxxx, Esquire Xxxxxxx & Xxxxx Two Bala Xxxxx, Xxxxx 000 Xxxx Xxxxxx, XX 00000 (ii) All payments owed to OEHHA (EIN: 00-0000000), pursuant to § 3.1 shall be delivered directly to OEHHA (Memo Line “Prop 65 Penalties”) at the following addresses: For United States Postal Service Delivery: Xxxx Xxxxxxx Fiscal Operations Branch Chief Office of Environmental Health Hazard Assessment P.O. Box 4010 Sacramento, CA 95812-4010 For Non-United States Postal Service Delivery: Xxxx Xxxxxxx Fiscal Operations Branch Chief Office of Environmental Health Hazard Assessment 0000 X Xxxxxx Sacramento, CA 95814

  • Assurance of Payment 6.1 Upon request by Verizon, PCS shall provide to Verizon adequate assurance of payment of amounts due (or to become due) to Verizon hereunder. 6.2 Assurance of payment of charges may be requested by Verizon if PCS (a) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, does not have established credit with Verizon, (b) in Verizon’s reasonable judgment, at the Effective Date or at any time thereafter, is unable to demonstrate that it is creditworthy, (c) fails to timely pay a xxxx rendered to PCS by Verizon, or (d) admits its inability to pay its debts as such debts become due, has commenced a voluntary case (or has had a case commenced against it) under the U.S. Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up, composition or adjustment of debts or the like, has made an assignment for the benefit of creditors or is subject to a receivership or similar proceeding. 6.3 Unless otherwise agreed by the Parties, the assurance of payment shall, at Verizon’s option, consist of (a) a cash security deposit in U.S. dollars held by Verizon or (b) an unconditional, irrevocable standby letter of credit naming Verizon as the beneficiary thereof and otherwise in form and substance satisfactory to Verizon from a financial institution acceptable to Verizon. The cash security deposit or letter of credit shall be in an amount equal to two (2) months anticipated charges (including, but not limited to, both recurring and non- recurring charges), as reasonably determined by Verizon, for the Services to be provided by Verizon to PCS in connection with this Agreement. 6.4 To the extent that Verizon elects to require a cash deposit, the Parties intend that the provision of such deposit shall constitute the grant of a security interest in the deposit pursuant to Article 9 of the Uniform Commercial Code as in effect in any relevant jurisdiction. 6.5 If payment of interest on a cash deposit is required by an applicable Verizon Tariff or by Applicable Law, interest will be paid on any such cash deposit held by Verizon at the higher of the interest rate stated in such Tariff or the interest rate required by Applicable Law. 6.6 Verizon may (but is not obligated to) draw on the letter of credit or cash deposit, as applicable, upon notice to PCS in respect of any amounts to be paid by PCS hereunder that are not paid within thirty (30) days of the date that payment of such amounts is required by this Agreement. 6.7 If Verizon draws on the letter of credit or cash deposit, upon request by Verizon, PCS shall provide a replacement or supplemental letter of credit or cash deposit conforming to the requirements of Section 6.2. 6.8 Notwithstanding anything else set forth in this Agreement, if Verizon makes a request for assurance of payment in accordance with the terms of this Section, then Verizon shall have no obligation thereafter to perform under this Agreement until such time as PCS has provided Verizon with such assurance of payment. 6.9 The fact that a deposit or a letter of credit is requested by Verizon hereunder shall in no way relieve PCS from compliance with the requirements of this Agreement (including, but not limited to, any applicable Tariffs) as to advance payments and payment for Services, nor constitute a waiver or modification of the terms herein pertaining to the discontinuance of Services for nonpayment of any amounts payment of which is required by this Agreement.

  • Allocation of Payments The Assignor and the Assignee agree that (i) the Assignor shall be entitled to any payments of principal with respect to the Assigned Interest made prior to the Assignment Date, together with any interest and fees with respect to the Assigned Interest accrued prior to the Assignment Date, (ii) the Assignee shall be entitled to any payments of principal with respect to the Assigned Interest made from and after the Assignment Date, together with any and all interest and fees with respect to the Assigned Interest accruing from and after the Assignment Date, and (iii) the Agent is authorized and instructed to allocate payments received by it for account of the Assignor and the Assignee as provided in the foregoing clauses. Each party hereto agrees that it will hold any interest, fees or other amounts that it may receive to which the other party hereto shall be entitled pursuant to the preceding sentence for account of such other party and pay, in like money and funds, any such amounts that it may receive to such other party promptly upon receipt.

  • Evidence of Payments As soon as practicable after any payment of Indemnified Taxes or Other Taxes by the Borrower to a Governmental Authority, the Borrower shall deliver to the Administrative Agent the original or a certified copy of a receipt issued by such Governmental Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to the Administrative Agent.

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