Failure to reach resolution. If the Service and the Plan Sponsor cannot reach an agreement with respect to the correction of the failure(s) or the amount of the sanction, the plan will be disqualified or, in the case of a 403(b) Plan, SEP, or SIMPLE IRA Plan will not have reliance on this revenue procedure.
Failure to reach resolution. If the Service and the Plan Sponsor cannot reach agreement with respect to the submission, the matter will be closed, the compliance fee will not be returned, and the case may be referred to Employee Plans Examinations. In the case of an Anonymous Submission that fails to reach resolution under this revenue procedure, the Service will refund 50% of the applicable VCP fee. See section 12 for the VCP fee.
Failure to reach resolution. If the Service and the Plan Sponsor cannot reach agreement with respect to the submission, all aspects of the plan may be examined, and the Service may refer the submission to Employee Plans Examinations.
Failure to reach resolution. If resolution cannot be reached (for example, where information is not timely provided to the Service or because agreement cannot be reached on correction or a change in administrative procedures), the compliance fee will not be returned, and the case may be referred to Employee Plans Examinations for examination consideration.
Failure to reach resolution. If res- olution cannot be reached (for example, where information is not timely provided to the Service or because agreement can- not be reached on correction or a change in administrative procedures), the compli- ance fee will not be returned, and the case may be referred to Employee Plans Ex- aminations for examination considera- tion.
Failure to reach resolution. If the Service and the Plan Sponsor cannot reach agreement with respect to the sub- mission, all aspects of the plan may be ex- amined, and the rules pertaining to Audit CAP will apply.
Failure to reach resolution. If the parties are unable to resolve the dispute relating to any Contested Amount within the Dispute Period, then either party may seek judicial resolution of the matter in accordance with Section 10.8 of this Agreement. During the Escrow Period (if the Indemnifying Party is a Selling Shareholder) the parties shall, within ten (10) Business Days following the receipt of a certified copy of a final and binding judgment (not subject to any further appeal) (the “Judgment”), jointly exercise and deliver to the Escrow Agent a written notice instructing the Escrow Agent to pay the amount awarded (the “Awarded Amount”). If such dispute occurs not during the Escrow Period, then (if the Indemnifying Party is a Selling Shareholder) Purchaser shall setoff the Awarded Amount against the due IPO Payment or Non-IPO Payment, as applicable. To the extent that the Awarded Amount cannot be setoff in full out of the portion of the IPO Payment or Non-IPO Payment, as applicable, or satisfied from the Escrow Fund attributable to such indemnifying Selling Shareholder, or if the IPO Payment or Non-IPO Payment, as applicable, has been paid and the Escrow Period has expired, or if the Indemnifying Party is Purchaser, the particular Indemnifying Party(ies) that is/are responsible for satisfying such claim shall within five (5) Business Days pay the balance of the Awarded Amount to the Indemnitee subject to the limitations set forth in this Section 8.
