Miscellaneous Payment Provisions. If payment is not made, in whole or in part, due to a dispute between the Employee and the Company, the payments shall be made in accordance with Treas. Reg. § 1.409A-3(g), as applicable. It is intended that each installment of the payments and benefits provided under Section 5 of this Agreement shall be treated as a separate “payment” for purposes of Section 409A. If an expense reimbursement or provision of in-kind benefit provided pursuant to this Agreement is not exempt from Section 409A of the Code, the following rules apply: (A) in no event shall any reimbursement be paid after the last day of the taxable year following the taxable year in which the expense was incurred; (B) the amount of reimbursable expenses incurred or provision of in-kind benefits in one tax year shall not affect the expenses eligible for reimbursement or the provision of in-kind benefits in any other tax year; and (C) the right to reimbursement for expenses or provision of in-kind benefits is not subject to liquidation or exchange for any other benefit.
Miscellaneous Payment Provisions. Under no circumstances may the time or schedule of any payment made or benefit provided pursuant to this Agreement be accelerated or subject to a further deferral except as otherwise permitted or required pursuant to regulations and other guidance issued pursuant to Section 409A of the Code. Executive does not have any right to make any election regarding the time or form of any payment due under this Agreement. This Agreement shall be operated in compliance with Section 409A of the Code and each provision of this Agreement shall be interpreted, to the extent possible, to comply with Section 409A of the Code.
Miscellaneous Payment Provisions. If payment is not made, in whole or in part, due to a dispute between you and the Company, the payments shall be made in accordance with Treas. Reg. §1.409A-3(g), as applicable.
Miscellaneous Payment Provisions. If the Company fails to make a payment (including a transfer of Stock), either intentionally or unintentionally, within the period required by Section 4, but the payment is made within the same calendar year, it will be treated as made within the period required by Section 4 pursuant to Treas. Reg. § 1.409A-3(d). In addition, if a payment is not made due to a dispute in payments, payments can be delayed in accordance with Treas. Reg. § 1.409A-3(g).
Miscellaneous Payment Provisions. 4.7.1 Nothing contained in this Article 4 shall relieve the Contractor of its obligation to give Notice of claims pursuant to any other provision of this Contract.
4.7.2 The Contractor’s acceptance of Final Payment from the Owner is a specific waiver and release of any and all claims the Contractor may have against the Owner or the City on account of or arising out of the Contract Work.
4.7.3 All payments due under this Contract in excess of $100,000 may be made by Electronic Funds Transfer. Upon execution of this Contract, and in no event later than its submission of its first Requisition, the Contractor shall complete and submit to the Owner the “EFT Vendor Payment Enrollment Form” annexed as Appendix F11. The Contractor shall update such information to the extent necessary for EFT payments to be made. The Owner shall not be obligated to make any payment in excess of $100,000 unless such information is provided and shall be entitled to rely solely on the information provided by the Contractor.
4.7.4 All payments by the Owner may be:
4.7.4.1 in the form of one or more separate checks and/or EFTs which together total the amount due; and
4.7.4.2 made payable, at the option of the Owner, either to the Contractor, to the Contractor and one or more of its Subcontractors, or directly to its Subcontractors. If the Owner issues checks or makes EFTs to any parties other than or in addition to the Contractor, said checks or EFTs shall have the full payment value as presented on the face of the checks or as recorded for the EFTs in satisfaction of the Owner’s obligation to pay the Contractor that the checks and EFTs would have if they were made payable only to the Contractor.
Miscellaneous Payment Provisions. If a payment is not made due to a dispute in payments, payments can be delayed in accordance with Treas. Reg. § 1.409A-3(g).
Miscellaneous Payment Provisions. The Secretary of State, in his discretion, may at any time decide to reimburse or ameliorate net losses of the Franchisee arising from Industrial Action (however caused and of whatever nature) in circumstances where the Franchisee has demonstrated to the satisfaction of the Secretary of State that it has taken all reasonable steps to avoid the Industrial Action and that, Industrial Action having nevertheless occurred, the Franchisee has taken all reasonable steps to mitigate its effects.
Miscellaneous Payment Provisions. 2.6.1 Designer shall complete and sign an “Authorization Agreement for Automatic Deposits” (ACH Credits) Form and a W-9 Form prior to commencing work or invoicing Owner. These forms shall be provided by Owner. All payments to Designer under the Agreement shall be made through Owner’s automated clearing house wire transfer system.
2.6.2 Owner reserves the right to deduct from amounts which are or shall be invoiced and payable to Designer under the Agreement or any other agreement between the State and Designer any amounts which are or shall become due and payable to Owner by Designer.
Miscellaneous Payment Provisions. The Licensee will make all payments in pounds sterling or any currency replacing pounds sterling in its entirety.
Miscellaneous Payment Provisions. (a) All payments to be made by the Borrowers under or in connection with the Indebtedness shall be made to the Bank in immediately available funds, without set-off, counterclaim, deduction or withholding, at such offices of the Bank or at such other places as may be directed by the Bank.
(b) Whenever any payment to be made by the Borrowers under or in connection with the Indebtedness is stated to be due on a day that is not a Business Day, such payment shall be made on the next day that is a Business Day, and such extension of time shall be involved in the computation of interest or fees due from the Borrowers.
(c) If at any time any payment made by the Borrowers under or in connection with the Indebtedness is rescinded or must otherwise be returned by the Bank for any reason, including, but not limited to, the insolvency, bankruptcy, or reorganization of any Borrowers, the rights of the Bank shall be reinstated as though payment had not been made.
(d) If any payment to be made by the Borrowers under or in connection with the Indebtedness is not paid on or before the due date thereof, then in addition to and not in limitation of any other rights or remedies available to the Bank, the Bank may impose a late charge equal to the greater of $15.00 or one percent (1.00%) of the amount due and not paid on the due date.
(e) The Borrowers authorize the Bank to charge, when due, against any deposit account of any Borrower with the Bank, any payments (including payments of interest and fees) to be made by the Borrowers under or in connection with the Indebtedness.
