Over and under payments Clause Samples

POPULAR SAMPLE Copied 1 times
Over and under payments. As a result of uncertainty in the application of Section 4999 that may exist at the time of any determination that a Gross-Up Payment is due, it may be possible that in making the calculations required to be made hereunder, the parties or their accountants shall determine that a Gross-Up Payment need not be made (or shall make no determination with respect to a Gross-Up Payment) that properly should be made or that Payments should be reduced that should have been made (“Underpayment”), or that a Gross-Up Payment not properly needed to be made should be made or that Payments be reduced by an amount less than that required pursuant to Section 6.1 (“Overpayment”). The determination of any Underpayment shall be made using the procedures set forth in Section 6.2 above and shall be paid to Executive as an additional Payment (or Gross-Up Payment, as applicable). The Company shall be entitled to use procedures similar to those available to the Executive in Section 6.2 to determine the amount of any Overpayment (provided that the Company shall bear all costs of the accountants as provided in Section 6.2). In the event of a determination that an Overpayment was made, the Executive shall promptly repay the amount of such Overpayment to the Company together with interest on such amount (at the same rate as is applied to determine the present value of payments under Section 280G or any successor thereto), from the date the reimbursable payment was received by the Executive to the date the same is repaid to the Company; provided, however, that the amount to be repaid by the Executive to the Company shall be subject to reduction to the extent necessary to put the Executive in the same after-tax position as if such Overpayment were never made.
View SourceView Similar (2)
Over and under payments. (1) If at any time it becomes apparent that the DHB has overpaid the PHO, the PHO will, without prejudice to any other rights the DHB has, immediately repay the amount overpaid by the DHB. (2) If at any time it becomes apparent that the DHB has underpaid the PHO, the DHB will, without prejudice to any other rights the PHO has, immediately pay to the PHO the amount underpaid by the DHB.
View SourceView Similar (10)
Over and under payments a) If it has been determined that the Province has made an overpayment, it will be deducted from the next scheduled payment. b) If it has been determined that the Province has made an underpayment, it will be added to the next scheduled payment. c) For greater certainty, in the final Fiscal Year for which Funds are payable under the Agreement, any overpayment or underpayment will be addressed through the final payment, or second instalment, as provided for in Schedule “C”.
View SourceView Similar (4)
Over and under payments. The District shall remit to the Association promptly any 28 underpayment of dues and assessments withheld. The Association agrees to refund 29 to the District any amounts paid to the Association in error. 30
View SourceView Similar (4)
Over and under payments. If at any time it becomes apparent that the DHB has overpaid the PHO, the PHO will, without prejudice to any other rights the DHB has, immediately repay the amount overpaid by the DHB. If at any time it becomes apparent that the DHB has underpaid the PHO, the DHB will, without prejudice to any other rights the PHO has, immediately pay to the PHO the amount underpaid by the DHB. Subject to subclause (5), if the PHO has reasonable evidence that a payment that the DHB has made is incorrect, the PHO will notify the DHB and its Payment Agent of the suspected error, and will provide a description of the suspected error and the PHO's evidence of the error to the DHB. The DHB will discuss the PHO's concerns with the PHO no later than 20 Business Days after receiving a notification. We and the Payment Agent will, within a reasonable timeframe agreed between the DHB and the PHO, work together in good faith to: identify the reasons for the incorrect payment; quantify the error (including the adjustments required to correct the payment); and agree to a resolution of the problem, including what amount is owed by either of us and the date on which that amount will be paid. If the error has, or may have, national implications and if the DHB agrees a solution to correct the error, the DHB will ensure that the Payment Agent notifies all PHOs of the nature of the error to give each PHO the opportunity to assess the financial impact of the issue on itself. Notification of an error in a payment by either party to the other must be made within six months of the date of the payment, unless it is reasonable in the circumstances for a longer period to apply. Subject to clause F.17, if either of us does not pay any amount due to the other under this Agreement, the party owed the payment (or the Payment Agent if the DHB is owed), may charge the other party interest from the date payment was due until the amount due is paid ("Default Interest"). If either of us owes any amount as a result of any error in relation to a Claim or a payment, the due date for the payment of this amount will be 1 month after the date of notice given under clause F.17. The Default Interest rate will be 2 percentage points per annum above the average New Zealand dollar 90 day bank ▇▇▇▇ rate (rounded up to the nearest second decimal place) as appearing at 11:00 or as soon as practicable after that time on the relevant day on page BKBM of the Reuters screen (or its successor or equivalent page), and will be c...
View SourceView Similar (2)
Over and under payments. In accordance with N.J.S.A. 26:2J-8.1d. (10 and 11), with the exception of claims that were submitted fraudulently or submitted by health care providers that have a pattern of inappropriate billing or claims that were subject to coordination of benefits, United shall not seek reimbursement for overpayment of a claim previously paid pursuant to this section later than 18 months after the date the first payment on the claim was made. United shall not seek more than one reimbursement for overpayment of a particular claim. At the time the reimbursement request is submitted to Provider, United shall provide written documentation that identifies the error made by United in the processing or payment of the claim that justifies the reimbursement request. In seeking reimbursement for an overpayment from Provider, United shall not attempt to collect the funds for the reimbursement on or before the 45th calendar day following the submission of the reimbursement request to Provider. Provider shall not seek reimbursement from a United or covered person for underpayment of a claim submitted pursuant to this section later than 18 months from the date the first payment on the claim was made, except if the claim is the subject of an appeal or the claim is subject to continual claims submission. Provider shall not seek more than one reimbursement for underpayment of a particular claim.
View Source
Over and under payments. In accordance with N.J.S.A. 26:2J-8.1d. (10 and 11), with the exception of claims that were submitted fraudulently or submitted by health care providers that have a pattern of inappropriate billing or claims that were subject to coordination of benefits, United shall not seek reimbursement for overpayment of a claim previously paid pursuant to this section later than 18 months after the date the first payment on the claim was made. United shall not seek more than one reimbursement for overpayment of a particular claim. At the time the reimbursement request is submitted to Provider, United shall provide written documentation that identifies the error made by United in the processing or payment of the claim that justifies the reimbursement
View Source
Over and under payments. If, through any audit or otherwise, WPLBC is found to have made any overpayment or underpayment hereunder, the Superintendent shall notify WPLBC of the amount of the over- or underpayment. Any overpayment shall be a credit against any fees and charges subsequently due or shall be refunded to WPLBC, at its option; under-payments shall be immediately due and payable and shall be delinquent if not paid within ten (10) days after the date of such notice.
View Source

Related to Over and under payments

  • Overpayments and Underpayments As a result of uncertainty in the application of Section 280G of the Code at the time of an initial determination by the Accounting Firm hereunder, it is possible that Payments will have been made by the Company that should not have been made (an “Overpayment”) or that additional Payments that will not have been made by the Company could have been made (an “Underpayment”), consistent in each case with the calculation of the Reduced Amount hereunder. In the event that the Accounting Firm, based upon the assertion of a deficiency by the Internal Revenue Service against the Company or the Employee that the Accounting Firm believes has a high probability of success, determines that an Overpayment has been made, such Overpayment shall be treated for all purposes as a loan to the Employee that the Employee shall repay to the Company, together with interest at the applicable federal rate provided in Section 7872(f)(2) of the Code; provided, however, that no amount shall be payable by the Employee to the Company if and to the extent that such payment would not reduce the amount that is subject to taxation under Section 4999 of the Code. In the event that the Accounting Firm determines that an Underpayment has occurred, such Underpayment shall promptly be paid or transferred by the Company to or for the benefit of the Employee, together with interest at the applicable federal rate provided in Section 7872(f)(2) of the Code.

  • Other Payments You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

  • Severability; Maximum Payment Amounts If any provision of this Agreement is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Agreement so long as this Agreement as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s). Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document (and without implication that the following is required or applicable), it is the intention of the parties that in no event shall amounts and value paid by the Company and/or any of its Subsidiaries (as the case may be), or payable to or received by any of the Buyers, under the Transaction Documents (including without limitation, any amounts that would be characterized as “interest” under applicable law) exceed amounts permitted under any applicable law. Accordingly, if any obligation to pay, payment made to any Buyer, or collection by any Buyer pursuant the Transaction Documents is finally judicially determined to be contrary to any such applicable law, such obligation to pay, payment or collection shall be deemed to have been made by mutual mistake of such Buyer, the Company and its Subsidiaries and such amount shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by the applicable law. Such adjustment shall be effected, to the extent necessary, by reducing or refunding, at the option of such Buyer, the amount of interest or any other amounts which would constitute unlawful amounts required to be paid or actually paid to such Buyer under the Transaction Documents. For greater certainty, to the extent that any interest, charges, fees, expenses or other amounts required to be paid to or received by such Buyer under any of the Transaction Documents or related thereto are held to be within the meaning of “interest” or another applicable term to otherwise be violative of applicable law, such amounts shall be pro-rated over the period of time to which they relate.

  • No Unlawful Contributions or Other Payments Neither the Company nor any of its subsidiaries nor, to the best of the Company’s knowledge, any employee or agent of the Company or any subsidiary, has made any contribution or other payment to any official of, or candidate for, any federal, state or foreign office in violation of any law or of the character required to be disclosed in the Registration Statement, the Time of Sale Prospectus or the Prospectus.

  • Total Payments to Other Dist & Govt Units Tuition (In State) 2500 2600 2600 2900 2000 3000 4000 4100 4200 4300 4000 5000 5100 5200 5000 6000