End of Year Reconciliation Sample Clauses

End of Year Reconciliation. Within ninety (60) days after the completion of City’s annual audited financial statements, but not later than May 1 following the end of the Fiscal Year, City shall calculate any deficit or credit in Terminal Rentals, Ramp Area Rentals and Landing Fees using actual Operating Expenses, Debt Service, Non- Airline Revenues, Fund Requirements and Airline Revenue Allocation from the preceding Fiscal Year to determine any surplus or deficit in the amount of Airline Revenue. Any such surplus or deficit shall be included in the determination of the Airfield Area Requirement, Terminal Area Requirement, and Ramp Area Requirement for the succeeding Fiscal Year, as described in Sections 7.02, 7.03 and 7.04.
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End of Year Reconciliation. The parties acknowledge that after the conclusion of each plan year, CMS will reconcile payment year disbursements with updated enrollment and health status data, actual low- income cost-sharing costs, actual allowable reinsurance costs, and other pertinent information. Upon final CMS end-of-year reconciliation, the following shall occur: (i) in the event that the actual incurred reinsurance amount calculated during reconciliation exceeds the prospective amounts paid to the Agency by Express Scripts, Express Scripts will pay such amounts to the Agency subject to the remaining terms of this Agreement, and (ii) in the event that the actual incurred reinsurance amount calculated during reconciliation is less than the prospective amounts paid to the Agency by Express Scripts, Agency shall repay to Express Scripts such amounts previously paid by Express Scripts in accordance with the payment terms of the Agreement. Express Scripts shall have the right to retain or apply Agency’s allocated CMS End of Year Reconciliation amounts with respect to EGWP Enrollee utilization to past due and unpaid Fees owed by the Agency to Express Scripts only to the extent of such past due and unpaid Fees, and shall have the right to delay payment of CMS End of Year Reconciliation amounts, for a reasonable period of time, not to exceed ninety (90) days, to allow for final adjustments upon termination of this Agreement. Express Scripts shall have the right to apply reconciliation amounts owed from the Agency to rebates, CMS Subsidy Reimbursements, Prospective Reinsurance CMS Reimbursements, or Manufacturer Coverage Gap Discount amounts. All such payments resulting from a CMS reconciliation will be paid to the Agency no later than January 31 of the calendar year immediately following the date of Express Scripts’ receipt of the reconciliation payments from CMS. If CMS subsequently recovers any end of year reconciliation payments from Express Scripts due to a CMS Plan Year reopening or other process described in the Medicare Drug Rules, then the Agency shall be obligated to repay to Express Scripts such amounts previously paid to the Agency. If CMS subsequently reimburses Express Scripts for end of year reconciliations payments due to a CMS Plan Year reopening or other process described in the Medicare Drug rules, then Express Scripts will pay such amounts to Agency. Express Scripts shall have the right to apply reconciliation amounts owed from the Agency due to a CMS Plan Year reopenin...
End of Year Reconciliation. Within ninety (90) days after the completion of XXXX’x annual audited financial statements, XXXX shall calculate the Airline Net Revenue Sharing in accordance with Article 13(D)(3) and any deficit or credit in the Airfield Area Cost Center, Reliever Airport Cost Center, and Terminal Cost Center to determine any surplus or deficit in the amount of Airline Revenues in such cost centers for the most recently completed Fiscal Year. The Airline Net Revenue Sharing will be distributed among Signatory Airlines in proportion to the cumulative Landing Fees, Rents for Airline’s Leased Premises, and Baggage System Area Rents paid by such Signatory Airlines during the most recently completed Fiscal Year. Any such surplus or deficit shall be paid directly to the other party in a lump sum.
End of Year Reconciliation. Within thirty (30) days after the end of each calendar year, (i) Geneva shall provide to Atrix a report setting forth in reasonable detail the actual Selling Expense for each Product during the preceding calendar year and the actual amount of any underpayment or overpayment of the Selling Expense during the preceding calendar year, and (ii) Atrix shall provide to Geneva a report setting forth in reasonable detail the actual Atrix Manufacturing Cost for each Product during the preceding calendar year and the actual amount of any underpayment or overpayment of the Atrix Manufacturing Cost during the preceding calendar year. Within forty-five (45) days of each calendar year, Geneva shall provide Atrix with a statement setting forth in reasonable detail, any underpayment or overpayment of the Atrix Profit Share based on the actual Selling Expense and actual Atrix Manufacturing Costs for the preceding calendar year, which statement shall accompany the report for the fourth quarter of the preceding calendar year. In the event of an underpayment to Atrix, Geneva shall include such underpayment with the fourth quarter payment of the Atrix Profit Share. In the event of an overpayment to Atrix, Geneva shall reduce such overpayment from the fourth quarter payment of the Atrix Profit Share. If the Parties are unable to resolve any dispute under this Section 7.02(c), the matter shall be referred to an independent firm of certified public accountants chosen by agreement of Geneva and Atrix for resolution of such ---------- ** CONFIDENTIAL TREATMENT REQUESTED.

Related to End of Year Reconciliation

  • Reconciliation In the event that the Corporate Taxpayer and a Member are unable to resolve a disagreement with respect to the matters governed by Sections 2.03, 3.01(b), 4.02 and 6.02 within the relevant period designated in this Agreement (“Reconciliation Dispute”), the Reconciliation Dispute shall be submitted for determination to a nationally recognized expert (the “Expert”) in the particular area of disagreement mutually acceptable to both parties. The Expert shall be a partner or principal in a nationally recognized accounting or law firm, and unless the Corporate Taxpayer and such Member agree otherwise, the Expert shall not, and the firm that employs the Expert shall not, have any material relationship with the Corporate Taxpayer or such Member or other actual or potential conflict of interest. If the parties are unable to agree on an Expert within fifteen (15) calendar days of receipt by the respondent(s) of written notice of a Reconciliation Dispute, the Expert shall be appointed by the International Chamber of Commerce Centre for Expertise. The Expert shall resolve any matter relating to the Exchange Basis Schedule or an amendment thereto or the Early Termination Schedule or an amendment thereto within thirty (30) calendar days and shall resolve any matter relating to a Tax Benefit Schedule or an amendment thereto within fifteen (15) calendar days or as soon thereafter as is reasonably practicable, in each case after the matter has been submitted to the Expert for resolution. Notwithstanding the preceding sentence, if the matter is not resolved before any payment that is the subject of a disagreement would be due (in the absence of such disagreement) or any Tax Return reflecting the subject of a disagreement is due, the undisputed amount shall be paid on the date prescribed by this Agreement and such Tax Return may be filed as prepared by the Corporate Taxpayer, subject to adjustment or amendment upon resolution. The costs and expenses relating to the engagement of such Expert or amending any Tax Return shall be borne by the Corporate Taxpayer, except as provided in the next sentence. The Corporate Taxpayer and such Member shall bear their own costs and expenses of such proceeding, unless (i) the Expert substantially adopts such Member’s position, in which case the Corporate Taxpayer shall reimburse such Member for any reasonable out-of-pocket costs and expenses in such proceeding, or (ii) the Expert substantially adopts the Corporate Taxpayer’s position, in which case such Member shall reimburse the Corporate Taxpayer for any reasonable out-of-pocket costs and expenses in such proceeding. Any dispute as to whether a dispute is a Reconciliation Dispute within the meaning of this Section 7.09 shall be decided by the Expert. The Expert shall finally determine any Reconciliation Dispute and the determinations of the Expert pursuant to this Section 7.09 shall be binding on the Corporate Taxpayer and such Member and may be entered and enforced in any court having jurisdiction.

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