Mistake of Fact. If a contribution by the Employer to the Plan is made by reason of a mistake of fact, then, subject to (d) below, such contribution may be returned to the Employer within 1 year after the payment of such contribution.
Mistake of Fact. If a contribution or any portion thereof is made by the Employer (or Participating Employer) by a mistake of fact, the Plan shall, upon written request of the Employer, return such amounts as may be permitted by law to the Employer (or Participating Employer), within one year after the date of payment to the Trust; and
Mistake of Fact. Any Employer Contributions made because of a mistake of fact must be returned to the Employer within one year of the contribution.
Mistake of Fact. A misstatement or other mistake of fact relating to this Agreement shall be corrected when it becomes known, and the Committee shall make such adjustment on account thereof as it considers equitable and practicable; provided that no adjustment under this Section 11.9 shall be made which violates any provision of section 409A of the Code or any guidance issued thereunder.
Mistake of Fact. Notwithstanding any other provisions herein contained, if any contribution is made due to a mistake of fact, such contribution shall, upon the direction of the Committee, which shall be given in conformity with the provisions of ERISA, be returned to the Company or the party who made it, as directed by the Company, without liability to any person (including, but not limited to, Participants and Beneficiaries).
Mistake of Fact. In the event a contribution is made to the Plan and Trust by the Employer under a mistake of fact concerning the correctness of such contribution, then the Trustee shall return such portion of such contribution which is in excess of the amount that would have been contributed had there not occurred a mistake of fact within one year after the payment of the contribution to the Trustee.
Mistake of Fact. If any fact with respect to which this Release is executed is hereafter found to be other than or different from what is now believed by any Party to be true, each Party hereto accepts and assumes the risk of such possible difference in fact and agrees that this Release shall be and remain effective, notwithstanding such difference in facts.
Mistake of Fact. Employee expressly assumes the risk of any mistake of fact in connection with the matters compromised herein or in regard to facts relating thereto which are now unknown. In this connection, Employee acknowledges and waives any provisions of law or statute which limit in any way the giving of a general release.
Mistake of Fact. Notwithstanding any other provisions herein contained, if any contribution is made due to a mistake of fact, such contribution will, upon the direction of the Administrative Committee, be returned to the Company or the party who made it, as directed by the Administrative Committee, without liability to any person (including, but not limited to, Participants).
Mistake of Fact. In entering and making this AGREEMENT, the PARTIES assume the risk of any mistake of fact or law. If the PARTIES, or any of them, should later discover that any fact they relied upon in entering this AGREEMENT is not true, or that their understanding of the facts or law was incorrect, the PARTIES shall not be entitled to seek rescission of this AGREEMENT by reason thereof. This AGREEMENT is intended to be final and binding upon the PARTIES regardless of any mistake of fact or law.
