Recapture of City Payments Sample Clauses

Recapture of City Payments. If, at any time during or after the Term of this Agreement, the SBE determines that all or any portion of the Local Sales Tax Revenues received by the City were improperly allocated and/or paid to the City (an “improper allocation”), and if SBE requires repayment of, offsets against future Sales Tax payments, or otherwise recaptures from the City those improperly allocated and/or paid Local Sales Tax Revenues, then Company shall, within thirty (30) days after written demand from City, repay all City Payments (or applicable portions thereof) theretofore paid to Company which are attributable to such repaid, offset or recaptured Local Sales Tax Revenues. If Company fails to make such repayment within thirty (30) days after the City’s written demand, then such obligation shall accrue interest from the date of City’s original written demand at the then maximum legal rate imposed by the California Code of Civil Procedure on prejudgment monetary obligations, compounded monthly, until paid. City and Company agree that, should the SBE question the correctness of the allocation or determine that there has been an improper allocation to the City, City shall defend such allocation in all SBE administrative proceedings, at no cost to Company. For purposes of this paragraph, administrative proceedings include all SBE meetings, conferences, and appeals before SBE Board Members. Company will cooperate fully with the City and its attorneys, and shall have the right to be present at and participate in all SBE administrative proceedings, at Company’s cost and expense.
Sample 1
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Recapture of City Payments. If, at any time during or after the Term of this Agreement, CDTFA makes a final Board determination that all or any portion of the Local Sales Tax Revenues received by City, for Sales Tax generated from the Property, were improperly allocated and/or paid to City, and if CDTFA requires repayment of, offsets against future Sales Tax payments, or otherwise recaptures from City those improperly allocated and/or paid Local Sales Tax Revenues, then City shall promptly contact Owner regarding any communication from the CDTFA pertaining to tax allocations associated with a Retail Facility’s business. City and Owner agree that, should the CDTFA question the correctness of the allocation or determine that there has been an improper allocation to City, City and Owner shall (at the request of Owner) jointly engage legal counsel to use its best efforts to defend such allocation in all CDTFA administrative proceedings. Costs associated for any such efforts shall be borne by both City and Owner in proportion to their respective percentage interests in the Local Sales Tax Revenues. For purposes of this Section 4.6, administrative proceedings include all CDTFA meetings, conferences and appeals before CDTFA Board members. The Parties shall reasonably cooperate with each other and their legal counsel retained for this matter. Only in the event that CDTFA prevails in a determination that there has been an overpayment in Sales Tax attributable to the Property, Owner shall, within thirty (30) days after such final determination, repay all City Payments (or applicable portions thereof) theretofore paid to Owner which are attributable to such repaid, offset or recaptured Local Sales Tax Revenues. If Owner fails to make such repayment within thirty (30) days after City’s written demand, together with all supporting documentation, then such obligation shall accrue interest from the date that is thirty (30) days after City’s original written demand at then interest shall accrue from the date it was owed until it is paid at the Default Rate until paid. In addition, to the extent unpaid, City may withhold such amounts from future City Payments. This Section 4.6 shall survive termination of this Agreement.
Sample 1
Recapture of City Payments. If at any time during or after the Term of this Agreement, the SBE determines that all or any portion of the Local Sales Tax Revenues received by the City was improperly allocated and/or paid to the City (an “improper allocation”), and if the California State Board of Equalization’s (the “SBE”) requires repayment of, offsets against future Sales Tax payments, or otherwise recaptures from the City those improperly allocated and/or paid Local Sales Tax Revenues, then WD shall, except as provided below, within sixty (60) Business Days of receipt of notice from Signal Hill, repay all City Payments (or applicable portions thereof) theretofore paid to WD which are attributable to such repaid, offset or recaptured Local Sales Tax Revenues. If WD fails to make such repayment within sixty (60) Business Days after the receipt of Signal Hill’s notice, then such obligation shall accrue interest from the date of Signal Hill’s original written demand at the then maximum legal rate imposed by the California Code of Civil Procedure on prejudgment monetary obligations, compounded monthly, until paid. Further, WD will require in any agreement with Client that Client be liable directly to City for Client’s share of the City Payment received from WD consistent with Section 3.1.3 in the event of any Recapture of City Payments.
Sample 1

Related to Recapture of City Payments

  • Longevity Payments All employees, who are hired on or after January 1, 1989, shall not be covered by this Article. Full-time employees on the County Payroll as of December 31, 1988, shall be entitled to longevity pay subject to the following provisions:

  • Tax Payments Each Company shall be liable for and shall pay the Taxes allocated to it by this Section 2 either to the applicable Tax Authority or to the other Company in accordance with Section 4 and the other applicable provisions of this Agreement.

  • Xxxx Payments You may authorize new payment instructions or edit previously authorized payment instructions for xxxx payments that are either periodic and nonrecurring (e.g., payments on merchant charge accounts that vary in amount) or automatic and recurring (e.g., fixed mortgage payments). When you transmit a xxxx payment instruction to us, you authorize us to transfer funds to make the xxxx payment transaction from the account you designate. We will process xxxx payment transfer requests only to such payees as you authorize and for whom the Credit Union has the proper vendor code number. The Credit Union will not process any xxxx payment transfer if the required transaction information is incomplete. If there are insufficient funds in your account to make the xxxx payment request, we may either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous. The Credit Union will withdraw the designated funds from your account by 9:00am on the date of the scheduled payment if scheduled on a business day. If scheduled on a non-business day, the Credit Union will withdraw the funds by 9:00am on the first business day after the scheduled date. It is your responsibility to schedule your xxxx payments in such a manner that your obligations will be paid on time. You should enter and transmit your xxxx payment instructions at least 10 days before a xxxx is due. You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit timely payment authorization. You may cancel or stop payment on periodic xxxx payments and automatic, recurring xxxx payment instructions under certain circumstances. If you discover an error in or want to change a payment instruction (e.g., payment date or payment amount) for a periodic or automatic payment you have already scheduled for transmission through online or mobile banking, you may electronically edit or cancel your payment through online or mobile banking. Your cancellation request must be entered and transmitted before the date you have scheduled for payment. If your request is not entered in time, you will be responsible for the payment. If you wish to place an oral stop payment on an automatic, recurring xxxx payment transaction, the Credit Union must receive your oral stop payment request at least three (3) business days before the next payment is scheduled to be made. You may call the Credit Union at the telephone number set forth in Section 4 (Member Liability) to request a stop payment. If you call, the Credit Union may require you to confirm your stop payment request in writing within 14 days after the call.

  • Developer Payments Not Taxable The Developer and Connecting Transmission Owner intend that all payments or property transfers made by Developer to Connecting Transmission Owner for the installation of the Connecting Transmission Owner’s Attachment Facilities and the System Upgrade Facilities and the System Deliverability Upgrades shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

  • Rent Payments Xxxxxx agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $975, which shall be paid on or before the first day of the month. Xxxxxx agrees that if rent is not paid in full on or before 1st day of the month, Tenant will pay a late charge of $97.50 as allowed by applicable Georgia law.The prorated rent from the commencement of this Lease to the first day of the following month is $975, which amount shall be paid at the execution of this Lease. Xxxxxx agrees that rent shall be paid in lawful money of the United States via the Xxxxx Residents App. Rent payments shall be made payable to and mailed or delivered to the following address: P.O. Box 17942 Atlanta, GA 30316. All notices from Tenant to Landlord under this Lease and applicable Georgia law shall be delivered to the above address. Xxxxxx agrees that rent will be deemed paid only once Landlord or Landlord’s agent receives the rent monies, either by mail or by delivery to the above address. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants.

  • Salary Payments For payroll purposes, the work week shall be defined as Monday through Sunday. In any school year, the dollar amounts on the first and last paychecks of the year may vary.

  • Requesting Payments You may request money from another User through a Zelle® Payment Request. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a Zelle® Payment Request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User. In addition to the other restrictions in this Agreement, by accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Zelle® Payment Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any Zelle® Payment Request that you send that is related to overdue or delinquent amounts. You agree to receive Zelle® Payment Requests from other Users, and to only send Zelle® Payment Requests for legitimate and lawful purposes. Zelle® Payment Requests are solely between the Requestor and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the Requestor. We reserve the right, but assume no obligation, to terminate your ability to send Zelle® Payment Requests in general, or to specific recipients, if we deem such Zelle® Payment Requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient. If applicable, if you as a Requestor initiate a Zelle® Payment Request using the Zelle® Payment Service, you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Zelle® Payment Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Zelle® Payment Request may not receive, or otherwise may reject or ignore, your Zelle® Payment Request. We do not guarantee that you will receive any payments from individuals by initiating a Zelle® Payment Request. Zelle® Small Business Service Users may not send Zelle® Payment Requests to Users enrolled with Zelle® through Zelle® Standalone Locations.

  • Rental Assistance Payments and Overpayment The right of the Owner to receive payments under this Contract shall be subject to compliance with this Contract’s provisions. The Owner agrees that, absent written notice to the Program Administrator and return of the Rental Assistance Payment, acceptance of the Rental Assistance Payment shall be conclusive evidence that the Owner received the full amount due. Throughout the term of this Contract, Owner agrees to waive any late fees associated with the Rental Assistance Payment, provided that such payment is issued by the Program Administrator by the agreed upon date. Owner/Representative Initials: If the Program Administrator determines that the Owner was not entitled to any payments received, in addition to other remedies, the Program Administrator may require Owner to refund any overpayment to the Program Administrator.

  • EXPENSE PAYMENTS The Owner hereby gives power to the Agent to pay expenses and costs for the Property from the Owner’s funds held by the Agent, unless otherwise directed by the Owner. The expenses and costs may include, but are not limited to, property management compensation, fees and charges, expenses for goods and services, property taxes and other taxes, association or condominium dues, assessments, loan payments, and insurance premiums.

  • Scheduling Payments Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-Business Day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following Business Day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically (using the Federal Reserve Banks’ ACH system) to the payee or by mailing the payee a check. Payments scheduled via bill pay will be delivered in two (2) to five (5) Business Days, depending on the method. For payees that accept electronic payments, they will receive the payment within two (2) Business Days after the scheduled send on date. If the payee does not accept electronic payments, a check will be issued and mailed to the address you provide. This is a default method used to ensure that the delivery of the payment is made, even if we’re (bill pay provider) is unable to validate the payee, address or account number. The funds are debited from the linked account one (1) to two (2) Business Days after the send on date. While we will make commercially reasonable efforts to deliver your payments made through the Bill Payment Service by the designated delivery date, you acknowledge that circumstances beyond our control may cause delays in the delivery, handling, or posting of payment. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO PREVENT ANY DELAY IN THE DELIVERY OF PAYMENTS, AND YOU CAN PREVENT SUCH DELAYS BY SCHEDULING DELIVERY OF YOUR PAYMENT IN ADVANCE OF YOUR PAYEE’S ACTUAL DUE DATE. WE ARE NOT RESPONSIBLE FOR ANY DELAYS CAUSED BY THE POSTAL SERVICE, YOUR PAYEE, OR ANY OTHER PARTY BEYOND OUR REASONABLE CONTROL.

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