EXCESS / OVERPAYMENTS Clause Samples

EXCESS / OVERPAYMENTS. DCF will recover any funds paid in excess of the allowable costs of services provided under this agreement within thirty (30) days of notification. Allowable costs are defined by 2 CFR Part 200 and 45 CFR Part 75 when applicable, the attachment(s) to this agreement, and/or the program policy manual. DCF may recover any funds paid in excess of the conditions of this agreement from subsequent payments or may recover such funds by any legal means.

EXCESS / OVERPAYMENTS. To the extent any Tax refund or overpayment included as an Excess Overpayment is realized (either in the form of a cash payment from a Tax Authority or as a reduction of cash Taxes actually payable) by the Buyer or any of its Affiliates (including any member of the Company Group from and after the Closing) no later than the Tax period immediately succeeding the Tax period in which the relevant Tax Return with respect to such Tax refund or overpayment is filed, the Buyer shall pay over, or cause its Affiliates to pay over, the amount of any such realized Tax refund or overpayment utilized (net of any incremental Tax or other reasonable out-of-pocket costs to the Buyer with respect to the receipt thereof) to the Seller within ten (10) Business Days after such receipt or utilization thereof by Buyer or any of its Affiliates (including any member of the Company Group from and after the Closing). Buyer shall cause each Tax refund or overpayment included as an Excess Overpayment to be utilized to reduce the Tax liability of the Buyer or any of its Affiliates (including any member of the Company Group from and after the Closing) in the first taxable period in which such Tax refund or overpayment is utilizable by Buyer or any of its Affiliates (including any member of the Company Group from and after the Closing) to the extent permitted by applicable Law.

EXCESS / OVERPAYMENTS. The W-2 Contractor will return to DCF any funds paid in excess of the allowable costs of services provided under this agreement within 30 days of notification by DCF. Program expenditures and descriptions of allowable costs are further described in 2 CFR Part 200. See Office of Management and Budget website for links to Code of Federal Regulations (CFR) sections: ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/cgi- bin/retrieveECFR?gp=1&SID=2cd429163abd736bbbac32b12571dde1&ty=HTML&h If the W-2 Contractor fails to return funds paid in excess of the allowable costs of the services provided, DCF may recover any funds paid in excess of the conditions of this agreement from subsequent payments or may recover such funds by any legal means.

EXCESS / OVERPAYMENTS. To the extent any Excess Overpayment is realized (either in the form of a cash payment from a Taxing Authority or as a reduction of cash Taxes actually payable) by any Purchaser or any of its Affiliates (including the Purchased Entities and their respective Subsidiaries from and after the Closing) no later than the Tax year immediately succeeding the Tax year in which the Closing occurs, Purchasers shall pay over, or cause their Affiliates to pay over, the amount of any such realized Excess Overpayments (net of any incremental Tax or other costs with respect to the receipt thereof) to Seller within ten (10) Business Days after such receipt or utilization thereof by the relevant Purchaser or any of its Affiliates (including the Purchased Entities and their respective Subsidiaries from and after the Closing). Each Purchaser shall cause each Excess Overpayment to be utilized to reduce the Tax liability of such Purchaser or any of its Affiliates (including the Purchased Entities and their respective Subsidiaries from and after the Closing) in the first taxable period in which such Excess Overpayment is utilizable by the relevant Purchaser or any of its Affiliates (including the Transferred Entities and their respective Subsidiaries from and after the Closing) to the extent permitted by applicable Law.

EXCESS / OVERPAYMENTS. The Contractor will return to DCF any funds paid in excess of the allowable costs of services provided under this agreement within thirty (30) days of notification by DCF. Allowable costs are defined by OMB Federal Awards Requirements, 2 CFR Subpart E § 200.400, the attachment(s) to this agreement, and/or the program policy manual. If the Contractor fails to return funds paid in excess of the allowable costs of the services provided, DCF may recover any funds paid in excess of the conditions of this agreement from subsequent payments or may recover such funds by any legal means.

EXCESS / OVERPAYMENTS. The W-2 Contractor will return to DCF any funds paid in excess of the allowable reimbursable costs of services provided under this agreement within 30 days of notification by DCF. Allowable reimbursable costs are defined by the DCF Allowable Cost Policy Manual (▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/contractsgrants/pdf/allowable_cost_manual.pdf) and applicable federal allowable cost/expense policies. Program expenditures and descriptions of allowable expenses are further described in 2 CFR Part 230 (formerly OMB Circular A-122), or 48 CFR Part 31. Federal Allowable Cost Guidance for non-profit agencies: ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/cgi/t/text/text- idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr230_main_02.tpl Federal Allowable Cost Guidance for for-profit agencies: ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/cgi/t/text/text- idx?c=ecfr&tpl=/ecfrbrowse/Title48/48cfr31_main_02.tpl If the W-2 Contractor fails to return funds paid in excess of the allowable costs of the services provided, DCF may recover any funds paid in excess of the conditions of this agreement from subsequent payments or may recover such funds by any legal means.