Finality of Determination. The determination of the Committee with respect to any question arising out of or in connection with the administration, interpretation, and application of this Agreement shall be final, binding, and conclusive on all persons and shall be given the greatest deference permitted by law.
Finality of Determination. The Company shall have the right to recover overpayments and correct underpayments to Employees. However, any benefit determination shall become final six (6) months after the date on which it is made if (a) no dispute is then pending and (b) the Company has not given notice in writing of an error.
Finality of Determination. Any determination made by the FDIC pursuant to this part shall be at the FDIC’s sole discretion and shall not be subject to further review.
Finality of Determination. A deter- mination made by an agreement pursu- ant to this section becomes final when the tax liability for the open taxable year to which the determination re- lates becomes final. During the period, if any, that a deficiency may be as- sessed or a refund or credit allowed with respect to such year, either the taxpayer or the Commissioner may properly pursue any of the procedures provided by law to secure a further modification of the tax liability for such year. For example, if the taxpayer subsequently files a claim for refund, or if the Commissioner subsequently issues a notice of deficiency with re- spect to such year, either may adopt a position with respect to the item that was the subject of the adjustment that is at variance with the manner in which said item was treated in the agreement. Any assessment, refund, or credit that is subsequently made with respect to the tax liability for such open taxable year, to the extent that it is based upon a revision in the treat- ment of the item that was the subject of the adjustment, shall constitute an alteration or revocation of the deter- mination for the purpose of a redeter- mination of the adjustment pursuant to paragraph (d) of § 1.1314(b)–1. [T.D. 6500, 25 FR 12037, Nov. 26, 1960] 26 CFR Ch. I (4–1–20 Edition)
Finality of Determination. The determination of the Clerk on leave applications shall be final.
Finality of Determination. No adjustment in the Maximum Funding or the CUCB of any Fund shall be made on account of any subsequently discovered error in the computation, or the figures used in making the computations, unless such adjustment is practicable. Any adjustment made shall only be prospective in effect, unless such adjustment would be substantial in the opinion of the Company. Nothing in the foregoing shall be construed to excuse the Company from making up any shortage in the contributions to any Fund.
Finality of Determination. Each determination made by the Committee and the CEO shall be final, binding and conclusive for all purposes and upon all persons. The Committee may rely conclusively on the determinations made by and information received from the Company’s independent public accountants or the Employer employees with respect to action of the Committee.
Finality of Determination. The Company shall have exclusive responsibility with respect to determining the amount of the Employer Matching Contribution and, upon determining such amount for a Contribution Period, shall transmit to the Committee and to the Trustee a written statement of the amount of such Contribution. A determination so made shall be final and conclusive upon the Employers, the Committee, the Trustee, and all Participants, former Participants, and Beneficiaries.
Finality of Determination. No adjustment in the Maximum Funding or the Percentage Position of the Fund shall be made on account of any subsequently discovered error in the computations of the figures used in making the computations, except, (i) in the case of an error in bad faith, or (ii) in the case where after discovery of an error, adjustment is practicable and then the adjustment shall be only prospective in effect.
Finality of Determination. A determination made by an agreement pursuant to this section becomes final when the tax liability for the open taxable year to which the determination relates becomes final. During the period, if any, that a deficiency may be assessed or a refund or credit allowed with respect to such year, either the taxpayer or the Commissioner may properly pursue any of the procedures provided by law to secure a further modification of the tax liability for such year. For example, if the taxpayer subsequently files a claim for refund, or if the Commissioner subsequently issues a notice of deficiency with respect to such year, either may adopt a position with respect to the item that was the subject of the adjustment that is at variance with the manner in which said item was treated in the agreement. Any assessment, refund, or credit that is subsequently made with respect to the tax liability for such open taxable year, to the extent that it is based upon a revision in the treatment of the item that was the subject of the adjustment, shall constitute an alteration of revocation of the determination for the purpose of a redetermination of the adjustment pursuant to paragraph (d) of section 1.13 14(b)-1.
