Common use of Recovery From Future Payments Clause in Contracts

Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure or Overexpenditure pursuant to “Appeal Process” above), OHA may recover the Underexpenditure or Overexpenditure by offsetting the amount thereof against future amounts owed to LPHA by OHA, including, but not limited to, any amount owed to LPHA by OHA under any other contract or agreement between LPHA and OHA, present or future. OHA shall provide LPHA written notice of its intent to recover the amounts of the Underexpenditure or Overexpenditure from amounts owed LPHA by OHA as set forth in this subsection), and shall identify the amounts owed by OHA which OHA intends to offset, (including contracts or agreements, if any, under which the amounts owed arose) LPHA shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to LPHA by OHA and identified by LPHA. OHA shall comply with LPHA’s request for alternate offset, unless the LPHA’s proposed alternative offset would cause OHA to violate federal or state statutes, administrative rules or other applicable authority, or would result in a delay in recovery that exceeds three months. In the event that OHA and LPHA are unable to agree on which specific amounts, owed to LPHA by OHA, the OHA may offset in order to recover the amount of the Underexpenditure or Overexpenditure, then OHA may select the particular contracts or agreements between OHA and LPHA and amounts from which it will recover the amount of the Underexpenditure or Overexpenditure, within the following limitations: OHA shall first look to amounts owed to LPHA (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to LPHA by OHA. In no case, without the prior consent of LPHA, shall OHA deduct from any one payment due LPHA under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or Overexpenditure.

Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure or Overexpenditure a Misexpenditure pursuant to “Appeal ProcessProcess for Misexpenditure” above), OHA may recover the Underexpenditure or Overexpenditure Misexpenditure by offsetting the amount thereof against future amounts owed to LPHA by OHA, including, including but not limited to, any amount owed to LPHA by OHA under this Agreement or any amount owed to LPHA by OHA under any other contract or agreement between LPHA and OHA, present or future. OHA shall provide LPHA written notice of its intent to recover the amounts amount of the Underexpenditure or Overexpenditure Misexpenditure from amounts owed LPHA by OHA as set forth in this subsection), Subsection (c) and shall identify the amounts owed by OHA which that OHA intends to offset, offset (including the contracts or agreements, if any, under which the amounts owed arose) arose and from those OHA wishes to deduct payments from). LPHA shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to LPHA by OHA and identified by LPHA. OHA shall comply with LPHA’s request for alternate offset, unless the LPHA’s proposed alternative offset would cause OHA to violate federal or state statutes, administrative rules or other applicable authority, or would result in a delay in recovery that exceeds three months. In the event that OHA and LPHA are unable to agree on which specific amounts, amounts are owed to LPHA by OHA, the that OHA may offset in order to recover the amount of the Underexpenditure or OverexpenditureMisexpenditure, then OHA may select the particular contracts or agreements between OHA and LPHA County and amounts from which it will recover the amount of the Underexpenditure or OverexpenditureMisexpenditure, after providing notice to LPHA, and within the following limitations: OHA shall first look to amounts owed to LPHA (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to LPHA by OHA. In no case, without the prior consent of LPHA, shall OHA deduct from any one payment due LPHA under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or OverexpenditureMisexpenditure.

Recovery From Future Payments. To the extent that OHA the Department is entitled to recover an Underexpenditure or Overexpenditure pursuant to “Appeal Process” aboveSection 1.c.ii.(B), OHA Department may recover the Underexpenditure or Overexpenditure by offsetting the amount thereof against future amounts owed to LPHA by OHADepartment, including, but not limited to, any amount owed to LPHA by OHA Department under any other contract or agreement between LPHA and OHADepartment, past, present or future. OHA Department shall provide LPHA written notice of its intent to recover the amounts of the Underexpenditure or Overexpenditure from amounts owed LPHA by OHA Department as set forth in this subsectionSection 1.c.ii.(C), and shall identify the amounts owed by OHA Department which OHA the Department intends to offset, offset (including the contracts or agreements, if any, under which the amounts owed arose) ). LPHA shall then have 14 calendar days from the date of OHADepartment's notice in which to request the deduction be made from other amounts owed to LPHA by OHA Department and identified by LPHA. OHA Department shall comply with LPHA’s request for alternate offset, unless the LPHA’s proposed alternative offset would cause OHA the Department to violate federal or state statutes, administrative rules or other applicable authority, or would result in a delay in recovery that exceeds three months. In the event that OHA Department and LPHA are unable to agree on which specific amounts, owed to LPHA County by OHADepartment, the OHA Department may offset in order to recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure, then OHA the Department may select the particular contracts or agreements between OHA Department and LPHA and amounts from which it will recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure, within the following limitations: OHA Department shall first look to amounts owed to LPHA (but unpaid) under this Agreement. If that amount is insufficient, then OHA Department may look to any other amounts currently owing or owed in the future to LPHA by OHADepartment. In no case, without the prior consent of LPHA, shall OHA the Department deduct from any one payment due LPHA under the contract or agreement from which OHA Department is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA The Department may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure.

Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure or Overexpenditure pursuant to “Appeal Process” aboveSection 1.c.ii.(B), OHA may recover the Underexpenditure or Overexpenditure by offsetting the amount thereof against future amounts owed to LPHA by OHA, including, but not limited to, any amount owed to LPHA by OHA under any other contract or agreement between LPHA and OHA, present or future. OHA shall provide LPHA written notice of its intent to recover the amounts of the Underexpenditure or Overexpenditure from amounts owed LPHA by OHA as set forth in this subsectionSection 1.c.ii.(C), and shall identify the amounts owed by OHA which OHA intends to offset, (including the contracts or agreements, if any, under which the amounts owed arose) LPHA shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to LPHA by OHA XXX and identified by LPHA. OHA shall comply with LPHA’s request for alternate offset, unless the LPHA’s proposed alternative offset would cause OHA to violate federal or state statutes, administrative rules or other applicable authority, or would result in a delay in recovery that exceeds three months. In the event that OHA and LPHA are unable to agree on which specific amounts, owed to LPHA County by OHA, the OHA may offset in order to recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure, then the OHA may select the particular contracts or agreements between OHA and LPHA and amounts from which it will recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure, within the following limitations: OHA shall first look to amounts owed to LPHA (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to LPHA by OHA. In no case, without the prior consent of LPHA, shall OHA deduct from any one payment due LPHA under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or Overexpenditure.

Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure or Overexpenditure pursuant to “Appeal Process” above), OHA may recover the Underexpenditure or Overexpenditure by offsetting the amount thereof against future amounts owed to LPHA by OHA, including, but not limited to, any amount owed to LPHA by OHA under any other contract or agreement between LPHA and OHA, present or future. OHA shall provide LPHA written notice of its intent to recover the amounts of the Underexpenditure or Overexpenditure from amounts owed LPHA by OHA as set forth in this subsection), and shall identify the amounts owed by OHA which OHA intends to offset, (including contracts or agreements, if any, under which the amounts owed arose) LPHA shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to LPHA by OHA and identified by LPHA. OHA shall comply with LPHA’s request for alternate offset, unless the LPHA’s proposed alternative offset would cause OHA to violate federal or state statutes, administrative rules or other applicable authority, or would result in a delay in recovery that exceeds three months. In the event that OHA and LPHA are unable to agree on which specific amounts, owed to LPHA by OHA, the OHA may offset in order to recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure, then OHA may select the particular contracts or agreements between OHA and LPHA and amounts from which it will recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure, within the following limitations: OHA shall first look to amounts owed to LPHA (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to LPHA by OHA. In no case, without the prior consent of LPHA, shall OHA deduct from any one payment due LPHA under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or OverexpenditureUnderexpenditure.

Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure or Overexpenditure a Misexpenditure pursuant to “Appeal Process” aboveSection 1.c.iii.(B)(I) or (II), OHA may recover the Underexpenditure or Overexpenditure Misexpenditure by offsetting the amount thereof against future amounts owed to LPHA by OHA, including, including but not limited to, any amount owed to LPHA by OHA under this Agreement or any amount owed to LPHA by OHA under any other contract or agreement between LPHA and OHA, present or future. OHA shall provide LPHA written notice of its intent to recover the amounts amount of the Underexpenditure or Overexpenditure Misexpenditure from amounts owed LPHA by OHA as set forth in this subsection), Section 1.c.iii.(C) and shall identify the amounts owed by OHA which that OHA intends to offset, offset (including the contracts or agreements, if any, under which the amounts owed arose) ). LPHA shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to LPHA by OHA and identified by LPHA. OHA shall comply with LPHA’s request for alternate offset, unless the LPHA’s proposed alternative offset would cause OHA to violate federal or state statutes, administrative rules or other applicable authority, or would result in a delay in recovery that exceeds three months. In the event that OHA and LPHA are unable to agree on which specific amounts, amounts are owed to LPHA by OHA, the that OHA may offset in order to recover the amount of the Underexpenditure or OverexpenditureMisexpenditure, then OHA may select the particular contracts or agreements between OHA and LPHA and amounts from which it will recover the amount of the Underexpenditure or OverexpenditureMisexpenditure, within the following limitations: OHA shall first look to amounts owed to LPHA (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to LPHA by OHA. In no case, without the prior consent of LPHA, shall OHA deduct from any one payment due LPHA under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or OverexpenditureMisexpenditure.

Recovery From Future Payments. To the extent that OHA is entitled to recover an Underexpenditure or Overexpenditure a Misexpenditure pursuant to “Appeal ProcessProcess for Misexpenditure” above), OHA may recover the Underexpenditure or Overexpenditure Misexpenditure by offsetting the amount thereof against future amounts owed to LPHA by OHA, including, including but not limited to, any amount owed to LPHA by OHA under this Agreement or any amount owed to LPHA by OHA under any other contract or agreement between LPHA and OHA, present or future. OHA shall provide LPHA written notice of its intent to recover the amounts amount of the Underexpenditure or Overexpenditure Misexpenditure from amounts owed LPHA by OHA as set forth in this subsection), Subsection (c) and shall identify the amounts owed by OHA which that OHA intends to offset, offset (including the contracts or agreements, if any, under which the amounts owed arose) arose and from those OHA wishes to deduct payments from). LPHA shall then have 14 calendar days from the date of OHA's notice in which to request the deduction be made from other amounts owed to LPHA by OHA and identified by LPHA. OHA shall comply with LPHA’s request for alternate offset, unless the LPHA’s proposed alternative offset would cause OHA to violate federal or state statutes, administrative rules or other applicable authority, or would result in a delay in recovery that exceeds three months. In the event that OHA and LPHA are unable to agree on which specific amounts, amounts are owed to LPHA by OHA, the that OHA may offset in order to recover the amount of the Underexpenditure or OverexpenditureMisexpenditure, then OHA may select the particular contracts or agreements between OHA and LPHA County and amounts from which it will recover the amount of the Underexpenditure or OverexpenditureMisexpenditure, after providing notice to LPHA, and within the following limitations: OHA shall first look to amounts owed to LPHA (but unpaid) under this Agreement. If that amount is insufficient, then OHA may look to any other amounts currently owing or owed in the future to LPHA by OHA. In no case, without the prior consent of LPHA, shall OHA deduct from any one payment due LPHA under the contract or agreement from which OHA is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. OHA may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure Misexpenditure. Additional Provisions With Respect to Underexpenditures, Overexpenditures and Misexpenditures. LPHA shall cooperate with OHA in the Agreement Settlement process. OHA's right to recover Underexpenditures, Overexpenditures and Misexpenditures from LPHA under this Agreement is not subject to or Overexpenditureconditioned on LPHA’s recovery of any money from any other entity. If the exercise of the OHA's right to offset under this provision requires the LPHA to complete a re-budgeting process, nothing in this provision shall be construed to prevent the LPHA from fully complying with its budgeting procedures and obligations, or from implementing decisions resulting from those procedures and obligations. Nothing in this provision shall be construed as a requirement or agreement by the LPHA or the OHA to negotiate and execute any future contract with the other. Nothing in this Section 1.d. shall be construed as a waiver by either party of any process or remedy that might otherwise be available.