Overpayments and Repayments. (a) If for any reason Xxxxxx pays the Contractor more than the Contractor is entitled to receive under this Agreement for provision of the Services, Kaiaka, at its discretion, may seek reimbursement of such monies or offset such monies against any future payments to the Contractor.
(b) If Kaiaka is required to repay any funds to its funders (namely, NZSCA and/or as required under the PDU Funding Agreement) due to the Contractor not adequately performing the Services, or for providing training to learners who do not meet the validity criteria, the Contractor will be required to refund the same amount to Kaiaka (limited to the contract value). Any refund will be invoiced by Xxxxxx to the Contractor and payable within 15 working days.
Overpayments and Repayments. 4.4.1 If the CPCA determines at any time that any amount of Funding was not expended by the Applicant on Qualifying Expenditure the Applicant will immediately on written demand repay to the CPCA such amount.
4.4.2 If any amount of Funding has not been expended by the Applicant on Qualifying Expenditure within 30 days of receipt of the Funding the Applicant will immediately on written demand repay to the CPCA such amount.
4.4.3 Within 28 Working Days following the earlier of the Date of Practical Completion and the Works Longstop Date the Applicant will repay the CPCA any amount of Funding in excess of the Maximum Sum.
4.4.4 The CPCA may vary or withhold any or all of the payments of Funding under this Agreement and/or require repayment of any or all Funding already paid to the extent that: -
(a) repayment or recovery is required under or by virtue of any European Union State aid laws (including without limitation under Article 107 of the Treaty on the Functioning of the European Union and/or any applicable judgement, court order, statute, statutory instrument, regulation, directive or decision (insofar as legally binding) ("State Aid Law"); and/or
(b) the CPCA is otherwise required to repay or recover such Funding in whole or in part by or to any Regulatory Body. Any Funding required to be repaid in accordance with this Clause 4.4.4 will bear interest at such rate as required under or by virtue of any Statutory Requirement from the date of the CPCA's notice requiring repayment to the date of repayment (both before and after judgement) or such other period as may be required under or by virtue of any Statutory Requirement.
Overpayments and Repayments. If the CPCA determines at any time that any amount of Funding was not expended by the Applicant on Qualifying Expenditure the Applicant will immediately on written demand repay to the CPCA such amount. If any amount of Funding has not been expended by the Applicant on Qualifying Expenditure within 30 days of receipt of the Funding the Applicant will immediately on written demand repay to the CPCA such amount. Within 28 Working Days following the earlier of the Date of Practical Completion and the Works Longstop Date the Applicant will repay the CPCA any amount of Funding in excess of the Maximum Sum. The CPCA may vary or withhold any or all of the payments of Funding under this Agreement and/or require repayment of any or all Funding already paid to the extent that: - repayment or recovery is required under or by virtue of any European Union State aid laws (including without limitation under Article 107 of the Treaty on the Functioning of the European Union and/or any applicable judgement, court order, statute, statutory instrument, regulation, directive or decision (insofar as legally binding) ("State Aid Law"); and/or the CPCA is otherwise required to repay or recover such Funding in whole or in part by or to any Regulatory Body. Any Funding required to be repaid in accordance with this Clause 4.4.4 will bear interest at such rate as required under or by virtue of any Statutory Requirement from the date of the CPCA's notice requiring repayment to the date of repayment (both before and after judgement) or such other period as may be required under or by virtue of any Statutory Requirement. Following the receipt of a Claim, the CPCA may decide to set-off any monies due to the Applicant under that Claim against any monies owed to the CPCA by the Applicant in relation to any other project or programme administered by the CPCA or on behalf of the CPCA.
Overpayments and Repayments. If it has been discovered that the City has made an overpayment to a City employee, the City shall notify the employee in writing and supply the employee with documentation explaining the overpayment. If the employee contends that any portion or the entire amount is not owed, they may request a meeting with the City within ten (10) days of notification to attempt to resolve the disagreement. The employee may have a Shop Xxxxxxx or Union Business Representative attend such meeting(s) with them. An employee will pay no penalties, fees or interest as a result of the overpayment. The City and employee must mutually agree upon how repayment will be made and the employee shall have the right to select one of the following options for repayment upon terms acceptable to the City:
1. Cash payment or payments.
2. Installments through payroll deduction (installment payments shall not exceed the biweekly amounts that were overpaid to the employee unless the employee agrees in writing to such higher amount).
3. The adjustment of appropriate leave credits or compensating time off, provided that the overpayment involves the accrual or crediting of leave credits (e.g., vacation, sick, or holiday) or compensating time off. Any errors in sick leave balances may only be adjusted with sick leave credits. Vacation or comp time leave may be used to satisfy repayment.
4. Any other repayment method mutually acceptable to the employee and the City. In the event that the City and the employee do reach a mutual repayment agreement, then the employee shall not be required to pay any penalties, fees or interest as a result of the overpayment. In the event that the City and employee cannot agree upon how repayment will be made, the City may proceed with legal action against the employee to recover the amount owed along with any applicable and legally allowed penalties, fees and/or interest. To exercise one of the above options, employees must authorize the deduction in writing. They must also agree in writing to authorize the City to deduct any outstanding balance in a lump sum from their final paycheck if employment with the City is terminated before the total amount of the over-payment is collected. Further, they must agree in writing that in the event their final paycheck is not sufficient to cover any outstanding balance, they will pay the City any amounts due on their last day of employment with the City.
