Common use of Recoupment of Funds Clause in Contracts

Recoupment of Funds. a. Grantee shall refund to DEO any overpayment of funds due to unearned or disallowed funds under this Agreement as follows: (a) if Grantee or an independent auditor discovers an overpayment, Grantee shall repay to DEO such overpayment no later than 30 calendar days after discovery or notification of each such overpayment; or (b) if DEO first discovers an overpayment, DEO shall notify Grantee in writing, and Grantee shall repay to DEO each such overpayment no later than 30 calendar days after receiving DEO’s notification. Refunds should be sent to DEO’s Agreement Manager, and made payable to the “Department of b. Notwithstanding any other provisions of this Agreement, including but not limited to the damages limitations of the LAWS APPLICABLE TO THIS AGREEMENT Section herein, if Grantee is non- compliant with any provision of this Agreement or applicable law, or if DEO imposes financial consequences on Grantee pursuant to the terms of this Agreement, DEO has the right to recoup all resulting cost, monetary loss and/or funds owed to DEO or the State of Florida, from monies owed to Grantee under this Agreement or any other Agreement between Grantee and any State entity. If the discovery of such noncompliance or imposition of financial consequences and resulting cost, loss, and/or debt to DEO or the State of Florida arises when no monies are owed to Grantee under this Agreement or any other Agreement between Grantee and any State entity, Grantee shall pay DEO in full such cost, loss, and/or funds owed to DEO or the State of Florida with non-State funds within 30 calendar days of the date of notice of the amount owed, unless DEO agrees, in writing, to an alternative timeframe. DEO, in DEO’s sole and absolute discretion, will determine the resulting cost, loss and/or funds owed to DEO or the State of Florida under this Agreement.

Recoupment of Funds. a. Grantee Subrecipient shall refund to DEO Commerce any overpayment of funds due to unearned or disallowed funds under this Agreement as follows: (a) if Grantee Subrecipient or an independent auditor discovers an overpayment, Grantee Subrecipient shall repay to DEO Commerce such overpayment no later than 30 calendar days after discovery or notification of each such overpayment; or (b) if DEO Commerce first discovers an overpayment, DEO Commerce shall notify Grantee Subrecipient in writing, and Grantee Subrecipient shall repay to DEO Commerce each such overpayment no later than 30 calendar days after receiving DEOCommerce’s notification. Refunds should be sent to DEOCommerce’s Agreement Manager, Manager and made payable to the “Department ofof Commerce.” Commerce may charge interest at the lawful rate of interest on the outstanding balance beginning on the 31st calendar day after the date of notification or discovery. Commerce is the final authority as to what may constitute an “overpayment” under this Agreement. b. Notwithstanding any other provisions of this Agreement, including but not limited to the damages limitations of the LAWS APPLICABLE TO THIS AGREEMENT Section herein, if Grantee Subrecipient is non- non-compliant with any provision of this Agreement or applicable law, or if DEO Commerce imposes financial consequences on Grantee Subrecipient pursuant to the terms of this Agreement, DEO Commerce has the right to recoup all resulting cost, monetary loss and/or funds owed to DEO Commerce or the State of Florida, from monies owed to Grantee Subrecipient under this Agreement or any other Agreement between Grantee Subrecipient and any State entity. If the discovery of such noncompliance or imposition of financial consequences and resulting cost, loss, and/or debt to DEO Commerce or the State of Florida arises when no monies are owed to Grantee Subrecipient under this Agreement or any other Agreement between Grantee Subrecipient and any State entity, Grantee Subrecipient shall pay DEO Commerce in full such cost, loss, and/or funds owed to DEO Commerce or the State of Florida with non-State funds within 30 calendar days of the date of notice of the amount owed, unless DEO Commerce agrees, in writing, to an alternative timeframe. DEOCommerce, in DEOCommerce’s sole and absolute discretion, will shall determine the resulting cost, loss and/or funds owed to DEO Commerce or the State of Florida under this Agreement.

Recoupment of Funds. a. Grantee shall refund to DEO any overpayment of funds due to unearned or disallowed funds under this Agreement as follows: (a) if Grantee or an independent auditor discovers an overpayment, Grantee shall repay to DEO such overpayment no later than 30 calendar days after discovery or notification of each such overpayment; or (b) if DEO first discovers an overpayment, DEO shall notify Grantee in writing, and Grantee shall repay to DEO each such overpayment no later than 30 calendar days after receiving DEO’s notification. Refunds should be sent to DEO’s Agreement Manager, and made payable to the “Department ofof Economic Opportunity.” DEO may charge interest at the lawful rate of interest on the outstanding balance beginning on the 31st calendar day after the date of notification or discovery. DEO is the final authority as to what may constitute an “overpayment” under this Agreement. b. Notwithstanding any other provisions of this Agreement, including but not limited to the damages limitations of the LAWS APPLICABLE TO THIS AGREEMENT Section herein, if Grantee is non- compliant with any provision of this Agreement or applicable law, or if DEO imposes financial consequences on Grantee pursuant to the terms of this Agreement, DEO has the right to recoup all resulting cost, monetary loss and/or funds owed to DEO or the State of Florida, from monies owed to Grantee under this Agreement or any other Agreement between Grantee and any State entity. If the discovery of such noncompliance or imposition of financial consequences and resulting cost, loss, and/or debt to DEO or the State of Florida arises when no monies are owed to Grantee under this Agreement or any other Agreement between Grantee and any State entity, Grantee shall pay DEO in full such cost, loss, and/or funds owed to DEO or the State of Florida with non-State funds within 30 calendar days of the date of notice of the amount owed, unless DEO agrees, in writing, to an alternative timeframe. DEO, in DEO’s sole and absolute discretion, will shall determine the resulting cost, loss and/or funds owed to DEO or the State of Florida under this Agreement.

Recoupment of Funds. a. Grantee shall refund to DEO Commerce any overpayment of funds due to unearned or disallowed funds under this Agreement as follows: (a) if Grantee or an independent auditor discovers an overpayment, Grantee shall repay to DEO Commerce such overpayment no later than 30 calendar days after discovery or notification of each such overpayment; or (b) if DEO Commerce first discovers an overpayment, DEO Commerce shall notify Grantee in writing, and Grantee shall repay to DEO Commerce each such overpayment no later than 30 calendar days after receiving DEOCommerce’s notification. Refunds should be sent to DEOCommerce’s Agreement Manager, Manager and made payable to the “Department ofof Commerce.” Commerce may charge interest at the lawful rate of interest on the outstanding balance beginning on the 31st calendar day after the date of notification or discovery. Commerce is the final authority as to what may constitute an “overpayment” under this Agreement. b. Notwithstanding any other provisions of this Agreement, including but not limited to the damages limitations of the LAWS APPLICABLE TO THIS AGREEMENT Section herein, if Grantee is non- compliant with any provision of this Agreement or applicable law, or if DEO Commerce imposes financial consequences on Grantee pursuant to the terms of this Agreement, DEO Commerce has the right to recoup all resulting cost, monetary loss and/or funds owed to DEO Commerce or the State of Florida, from monies owed to Grantee under this Agreement or any other Agreement between Grantee and any State entity. If the discovery of such noncompliance or imposition of financial consequences and resulting cost, loss, and/or debt to DEO Commerce or the State of Florida arises when no monies are owed to Grantee under this Agreement or any other Agreement between Grantee and any State entity, Grantee shall pay DEO Commerce in full such cost, loss, and/or funds owed to DEO Commerce or the State of Florida with non-State funds within 30 calendar days of the date of notice of the amount owed, unless DEO Commerce agrees, in writing, to an alternative timeframe. DEOCommerce, in DEOCommerce’s sole and absolute discretion, will shall determine the resulting cost, loss and/or funds owed to DEO Commerce or the State of Florida under this Agreement.