Common use of Mistake of Fact Clause in Contracts

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 by the Employer is made to the Plan is made by reason of a mistake of fact, then, subject to (d) below, such that contribution may shall be returned to the Employer within 1 one (1) year after the payment of the contribution if the Employer so directs the Committee prior to the expiration of such contributionyear.