Payment Adjustments. Notwithstanding anything to the contrary in this Article 3, any payment pursuant to this Article: (a) shall be subject to (i) any delay in payment or reduction required by Section 5.2 hereof, and (b) shall be subject to a set-off equal to the gross amount of any current or deferred compensation, including wages, salary, fees, benefits, tangible or intangible property or ownership rights or interests or other property rights, received by Executive or which he becomes entitled to receive in the future as remuneration for services to any Person, business or other entity as a result of, or in exchange for, any work or services performed, or any intellectual property conveyed by Executive, during the Restricted Period (“Remuneration”), provided that the foregoing provision shall in no way limit or impair Executive’s obligations or the Bank’s rights under Article 3 or Article 4 of this Agreement. Executive understands and agrees that the Bank’s set-off rights will accrue, and any set-off pursuant to this provision will be applied to any non-compete payments due (or previously paid or accrued), after the earlier of Executive’s receipt or accrual of Remuneration (the Set-off Date), and if Executive is not entitled to further payments under this Agreement, Executive agrees to refund the setoff amount in full to the Bank within fourteen (14 days) of Executive’s Certification reporting such remuneration or the Set-off Date, whichever is later.
Payment Adjustments. The Monthly Capitation Payments shall be adjusted for a period not to exceed twenty-four (24) months prior to the Monthly Capitation Payment to reflect corrections to the Enrollee Listing Report. Payments will be adjusted to reflect the automatic enrollment of eligible newborn infants. At such time that Kentucky HEALTH is live, a delivery payment will be paid on the eighth (8th) day of the month for the previous month’s claims. Claims for payment adjustments shall be deemed to have been waived by the Contractor if a payment request is not submitted in writing within twelve (12) months following the month for which an adjustment is requested. Waiver of a claim for payment shall not release the Contractor of its obligations to provide Covered Services pursuant to the Contract. In the event that an Enrollee is eligible and enrolled, but does not appear on the Enrollee Listing Report, the Contractor may submit a payment adjustment request. The Contractor shall submit the request in accordance with Appendix D “Reporting Requirements and Reporting Deliverables” for automated reporting requirements. In the event that an Enrollee is eligible and enrolled and the Contractor believes the Capitation Payment was in error due to underpayment, overpayment, or duplicate payment, the Contractor may submit a payment adjustment request. The Contractor shall submit the request in accordance with Appendix D “Reporting Requirements and Reporting Deliverables” for automated reporting requirements. In the event that an Enrollee does not appear on the Enrollee Listing Report, but the Department has paid the Contractor for an Enrollee, the Department may request and obtain a refund of, or it may recoup from subsequent payments, any payment previously made to the Contractor. In the event an Enrollee appears on the Enrollee Listing Report but is determined to be ineligible, the Department may request and obtain a refund of, or it may recoup from subsequent payments, any payment previously made to the Contractor. In such instances, for each Enrollee that is determined to be ineligible, the Contractor may recover payment from any Provider who rendered services to Enrollee during the period of ineligibility. The entity to which the Enrollee is retroactively added shall assume responsibility for payment of any services provided to Enrollees during the period of adjusted eligibility. For cases involving Enrollee ineligibility due to Fraud, Waste, and Abuse, the Department shall only reco...
Payment Adjustments. The Contractor shall provide not later than five Business Days prior to the end of the month, as part of its Payment calculation, a report detailing the Payment Adjustments and other adjustments to be made to the Payment relating to the previous month. The Province will review the Contractor’s Payment calculation regarding Payment Adjustments and other adjustments based on both its own records and audits of the Contractor’s compliance with the Project Requirements and O&M Requirements and on the Payment Adjustments and other adjustments. Following the Contractor’s submission of the monthly Payment calculation, the Contractor shall report to the Province all occurrences giving rise to Payment Adjustments for such month, in its next month’s Payment calculation. The Province will review the Contractor’s Payment calculation including the Contractor’s reporting of Payment Adjustments and other adjustments and, if necessary, make modifications to those reported adjustments. Examples of such modifications include, but are not limited to, applying Payment Adjustments that were omitted or incorrectly calculated in the Payment calculation.
Payment Adjustments. If, in any Settlement Interval, the Scheduled Amounts deviate from the Delivered Amounts by more than plus or minus three percent (± 3%) of the Delivered Amounts, then Seller’s monthly Energy Payment may be subject to an adjustment calculated by SCE in accordance with the procedures set forth in Exhibit E. Such payment adjustments shall not apply so long as:
Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, Agency may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expenditure. No such action taken by Agency shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse Agency for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures.
Payment Adjustments. Utility shall make a supplemental payment or issue a special invoice in the amount of the difference between the previous payments by Utility for the period of the Metering System’s inaccuracy. Utility’s payment or special invoice shall be delivered within 10 days of the determination of proper readings. Any such special invoice to Developer shall be paid within 10 days of receipt. In no event, however, shall any adjustments be made for any period prior to the date on which the Metering System was last tested and found to be accurate within plus or minus 0.5 per cent and not otherwise functioning improperly.
Payment Adjustments. The Parties shall attempt to negotiate the timing and payment schedule of any adjustments under this section.
Payment Adjustments. The Payment is subject to Payment Adjustments on the basis set out in Schedule 18 (Technical Requirements) and as summarized in Schedule 15 (Payment Adjustments Summary), applied at the times and in the manner set out in Schedule 15. In the event of any inconsistency between the criteria for and descriptions of the Payment Adjustments set out in Schedule 18 and the summaries of such criteria and such descriptions included in Schedule 15, the more detailed provisions of Schedule 18 shall govern. All Payment Adjustments except for the Traffic Volume Adjustment (which is based on a percentage of the O&M Payment exclusive of the Major Rehabilitation Payment) shall be subject to annual indexing for inflation in the manner and at the times set out in Schedule 10 (Index Factor).
Payment Adjustments. If, subsequent to the payment of the Purchase Price or the payment of any amounts due hereunder to either Party, the outstanding principal balance of any Mortgage Loan is found to be in error, or if for any reason the Purchase Price or such other amounts is found to be in error, the Party benefiting from the error shall pay an amount sufficient to correct and reconcile the Purchase Price or such other amounts and shall provide a reconciliation statement and other such documentation to reasonably satisfy the other Party concerning the accuracy of such reconciliation. Such amounts shall be paid by the proper Party within ten (10) Business Days from receipt of satisfactory written verification of amounts due.
Payment Adjustments. (A) The Department shall notify the Contractor of each payment adjustment due to the imposition of direct damages.
