Excess / Overpayments Sample Clauses

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.
Sample 1Sample 2Sample 3See All (8)
AutoNDA by SimpleDocs
Excess / Overpayments. The Contractor will return to the Agency any funds paid in excess of the allowable costs of services provided under this Contract within thirty (30) days of notification by the Agency. If the Contractor fails to return funds paid in excess of the allowable costs of the services provided, the Department of Children and Families and/or the Department of Health Services may recover any funds paid in excess of the allowable cost of the services provided. Funds in excess of this Contract may be recovered from subsequent payments or may recover such funds by any legal means.
Sample 1Sample 2Sample 3
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.
Sample 1Sample 2
Excess / Overpayments. The 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. Allowable costs are defined by 2 CFR Part 225 (formerly OMB Circular A-87) and Part 230 (formerly OMB Circular X- 000) 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.
Sample 1
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.
Sample 1
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: xxxx://xxx.xxxx.xxx/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.
Sample 1
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 (xxxx://xxx.xxxxxxxxx.xxx/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: xxxx://xxxx.xxxxxxxxx.xxx/cgi/t/text/text- idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr230_main_02.tpl Federal Allowable Cost Guidance for for-profit agencies: xxxx://xxxx.xxxxxxxxx.xxx/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.
Sample 1
AutoNDA by SimpleDocs

Related to Excess / Overpayments

  • 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.

  • 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 of two (2) years before the modification. (b) This provision shall not apply to claims disputing eligibility for payments which result from this Agreement. Employees claiming eligibility for such things as leadwork, work out of classification pay or reclassification must pursue those claims pursuant to the timelines elsewhere in this Agreement.

  • Repayment of Overpayments a. If, at any time, Good Shepherd identifies any Overpayment, Good Shepherd shall repay the Overpayment to the appropriate payor (e.g., Medicare contractor) within 60 days after identification of the Overpayment and take remedial steps within 90 days after identification (or such additional time as may be agreed to by the payor) to correct the problem, including preventing the underlying problem and the Overpayment from recurring. If not yet quantified, within 60 days after identification, Good Shepherd shall notify the payor of its efforts to quantify the Overpayment amount along with a schedule of when such work is expected to be completed. Notification and repayment to the payor shall be done in accordance with the payor’s policies. b. Notwithstanding the above, notification and repayment of any Overpayment amount that routinely is reconciled or adjusted pursuant to policies and procedures established by the payor should be handled in accordance with such policies and procedures.

  • Overpayments and Underpayments As a result of the uncertainty in the application of Section 280G of the Code, it is possible that Agreement Payments may have been made by the Company which should not have been made ("Overpayment") or that additional Agreement Payments which will have not been made by HUBCO could have been made ("Underpayment"), in each case, consistent with the calculation of the Reduced Amount hereunder. In the event that the Certified Public Accountants, based upon the assertion of a deficiency by the Internal Revenue Service against HUBCO or Executive which said Certified Public Accountants believe has a high probability of success, determines that an Overpayment has been made, any such Overpayment shall be treated for all purposes as a loan to Executive which Executive shall repay to HUBCO together with interest at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, however, that no amount shall be payable by Executive to HUBCO in and to the extent such payment would not reduce the amount which is subject to taxation under Section 4999 of the Code. In the event that the Certified Public Accountants, based upon controlling precedent, determine that an Underpayment has occurred, any such Underpayment shall be promptly paid by the Company to or for the benefit of the Executive together with interest at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code.

  • Salary Overpayment Recovery A. When the Employer has determined that an employee has been overpaid wages, the Employer will provide written notice, via certified mail, to the employee that will include the following items: 1. The amount of the overpayment; 2. The basis for the claim; and 3. The rights of the employee under the terms of this Agreement.

  • Refunds and Overpayments A. At its sole discretion, the System Agency may (i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s); or (ii) require Grantee to promptly refund or credit - within thirty (30) calendar days of written notice – to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement.

  • Recovery of Overpayments On occasion a payment will be made to You when You are not covered, for a service that is not Covered, or which is more than is proper. When this happens We will explain the problem to You and You must return the amount of the overpayment to Us within 60 days after receiving notification from Us. However, We shall not initiate overpayment recovery efforts more than 24 months after the original payment was made unless We have a reasonable belief of fraud or other intentional misconduct.

  • Underpayment In the event of a change which results in an underpayment to an employee, the employee shall be properly compensated on or before the next possible paycheck following discovery of the error. Upon request, the District shall provide the employee with specific written explanation for the underpayment through the Payroll Contact Person at the employee’s location.

  • Notice of Overpayment If the Contractor receives a vendor overpayment notice or a letter communicating the existence of an overpayment from DSHS, the Contractor may protest the overpayment determination by requesting an adjudicative proceeding. The Contractor’s request for an adjudicative proceeding must: a. Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia, Washington 98507-9501, within twenty-eight (28) calendar days of service of the notice; b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request; c. Include a statement as to why the Contractor thinks the notice is incorrect; and d. Include a copy of the overpayment notice. Timely and complete requests will be scheduled for a formal hearing by the Office of Administrative Hearings. The Contractor may be offered a pre-hearing or alternative dispute resolution conference in an attempt to resolve the overpayment dispute prior to the hearing. Failure to provide OFR with a written request for a hearing within twenty-eight (28) days of service of a vendor overpayment notice or other overpayment letter will result in an overpayment debt against the Contractor. DSHS may charge the Contractor interest and any costs associated with the collection of this overpayment. DSHS may collect an overpayment debt through lien, foreclosure, seizure and sale of the Contractor’s real or personal property; order to withhold and deliver; or any other collection action available to DSHS to satisfy the overpayment debt.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!