Common use of Overcharges Clause in Contracts

Overcharges. If it is determined as a result of such audit that Developer has overcharged for the cost of the Public Improvements and Public Infrastructure, then such overcharges shall be immediately returned to the TIRZ Fund and become due and payable with interest at the maximum legal rate under applicable law from the date the City paid such overcharges. In addition, if the audit determined that there were overcharges of more than 2% of the greater of the budget or payments to Developer for the year in which the discrepancy occurred, and the TIRZ Fund is entitled to a refund as a result of such overcharges, then Developer shall pay the cost of such audit.

Appears in 7 contracts

Samples: Development Agreement, Development Agreement, Funding Agreement

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Overcharges. If it is determined as a result of such audit that Developer has overcharged for the cost of the Public Improvements and Public InfrastructureImprovements, then such overcharges shall be immediately returned to the TIRZ Fund and become due and payable with interest at the maximum legal rate under applicable law from the date the City paid such overcharges. In addition, if the audit determined that there were overcharges of more than 2% of the greater of the budget or payments to Developer for the year in which the discrepancy occurred, and the TIRZ Fund is entitled to a refund as a result of such overcharges, then Developer shall pay the cost of such audit.

Appears in 5 contracts

Samples: Funding Agreement, Development Agreement, Development Agreement

Overcharges. If it is determined as a result of such audit that Developer has overcharged for the cost of the Public Improvements and Public InfrastructureImprovements, then such overcharges shall be immediately returned to the TIRZ Fund fund and become due and payable with interest at the maximum legal rate under applicable law from the date the City paid such overcharges. In addition, if the audit determined that there were overcharges of more than two (2% ) percent of the greater of the budget or payments to Developer for the year in which the discrepancy occurred, and the TIRZ Fund fund is entitled to a refund as a result of such overcharges, then Developer shall pay the cost of such audit.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Overcharges. If it is determined as a result of such audit that Developer has overcharged for the cost of the Public Improvements and Public InfrastructureImprovements, then such overcharges shall be immediately returned to the TIRZ Fund and become due and payable with interest at the maximum legal rate under applicable law from the date the City paid such overcharges. In addition, if the audit determined that there were overcharges of more than two (2% ) percent of the greater of the budget or payments to Developer for the year in which the discrepancy occurred, and the TIRZ Fund is entitled to a refund as a result of such overcharges, then Developer shall pay the cost of such audit.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Overcharges. If it is determined as a result of such audit that Developer has overcharged for the cost of the Public Improvements and Public InfrastructureImprovements, then such overcharges shall be immediately returned to the TIRZ TIF Fund and become due and payable with interest at the maximum legal rate under applicable law from the date the City paid such overcharges. In addition, if the audit determined that there were overcharges of more than 2% of the greater of the budget or payments to Developer for the year in which the discrepancy occurred, and the TIRZ TIF Fund is entitled to a refund as a result of such overcharges, then Developer shall pay the cost of such audit.

Appears in 1 contract

Samples: Development Agreement

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