Common use of Recovery of Misexpenditure from Future Payments Clause in Contracts

Recovery of Misexpenditure from Future Payments. (1) To the extent that ODHS is entitled to recover a Misexpenditure pursuant to subsection 7 b. above, ODHS may recover the Misexpenditure by offsetting the amount thereof against future amounts owed to County by ODHS, including, but not limited to, any amount owed to CDDP by ODHS under this Agreement, or any amount owed to County by ODHS under any other contract or agreement between County and ODHS, present or future. (2) ODHS shall provide the CDDP with written notice of its intent to recover the amount of the Misexpenditure as set forth in this section from amounts owed CDDP by ODHS, and ODHS shall identify the amounts owed by ODHS to CDDP which ODHS intends to offset to recover the Misexpenditure amount, including the contracts or agreements, if any, under which the amounts owed arose and those other contracts or agreements from which ODHS wishes to deduct payments. (3) CDDP shall then have 14 calendar days from the date of ODHS’ notice in which to request the deduction be made from other amounts owed to County by ODHS and identified by CDDP. ODHS shall comply with CDDP’s request for alternate offset. (4) In the event that ODHS and the CDDP are unable to agree on which specific amounts, owed to CDDP by ODHS, ODHS may offset in order to recover the amount of the Misexpenditure, then ODHS may select the particular contracts or agreements between ODHS and CDDP and amounts from which it will recover the amount of the Misexpenditure, after providing notice to CDDP, and within the following limitations: (a) ODHS shall first look to amounts owed to CDDP (but unpaid) under this Agreement. (b) If that amount is insufficient, then ODHS may look to any other amounts currently owing or owed in the future to County by ODHS. (c) In no case, without the prior consent of County, shall ODHS deduct from any one payment due County under the contract or agreement from which ODHS is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. (d) ODHS may look to as many future payments as necessary in order to fully recover the amount of the Misexpenditure.

Recovery of Misexpenditure from Future Payments. (1) To the extent that ODHS DHS is entitled to recover a Misexpenditure pursuant to subsection 7 b. above6.b., ODHS DHS may recover the Misexpenditure by offsetting the amount thereof against future amounts owed to County by ODHSDHS, including, but not limited to, any amount owed to CDDP County by ODHS DHS under this Agreement, or any amount owed to County by ODHS DHS under any other contract or agreement between County and ODHSDHS, present or future. (2) ODHS DHS shall provide the CDDP with County written notice of its intent to recover the amount of the Misexpenditure as set forth in this section from amounts owed CDDP County by ODHSDHS, and ODHS DHS shall identify the amounts owed by ODHS DHS to CDDP County which ODHS DHS intends to offset to recover the Misexpenditure amount, including the contracts or agreements, if any, under which the amounts owed arose and those other contracts or agreements from which ODHS DHS wishes to deduct payments. (3) CDDP County shall then have 14 calendar days from the date of ODHSDHS’ notice in which to request the deduction be made from other amounts owed to County by ODHS DHS and identified by CDDPCounty. ODHS DHS shall comply with CDDPCounty’s request for alternate offset. (4) In the event that ODHS DHS and the CDDP County are unable to agree on which specific amounts, owed to CDDP County by ODHSDHS, ODHS DHS may offset in order to recover the amount of the Misexpenditure, then ODHS DHS may select the particular contracts or agreements between ODHS DHS and CDDP County and amounts from which it will recover the amount of the Misexpenditure, after providing notice to CDDPCounty, and within the following limitations: (a) ODHS DHS shall first look to amounts owed to CDDP County (but unpaid) under this Agreement. (b) If that amount is insufficient, then ODHS DHS may look to any other amounts currently owing or owed in the future to County by ODHSDHS. (c) In no case, without the prior consent of County, shall ODHS DHS deduct from any one payment due County under the contract or agreement from which ODHS DHS is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. (d) ODHS DHS may look to as many future payments as necessary in order to fully recover the amount of the Misexpenditure.

Recovery of Misexpenditure from Future Payments. (1) To the extent that ODHS DHS is entitled to recover a Misexpenditure pursuant to subsection 7 b. 6.b. above, ODHS DHS may recover the Misexpenditure by offsetting the amount thereof against future amounts owed to County by ODHSDHS, including, but not limited to, any amount owed to CDDP by ODHS DHS under this Agreement, or any amount owed to County by ODHS DHS under any other contract or agreement between County and ODHSDHS, present or future. (2) ODHS DHS shall provide the CDDP with written notice of its intent to recover the amount of the Misexpenditure as set forth in this section from amounts owed CDDP by ODHSDHS, and ODHS DHS shall identify the amounts owed by ODHS DHS to CDDP which ODHS DHS intends to offset to recover the Misexpenditure amount, including the contracts or agreements, if any, under which the amounts owed arose and those other contracts or agreements from which ODHS DHS wishes to deduct payments. (3) CDDP shall then have 14 calendar days from the date of ODHSDHS’ notice in which to request the deduction be made from other amounts owed to County by ODHS DHS and identified by CDDP. ODHS DHS shall comply with CDDP’s request for alternate offset. (4) In the event that ODHS DHS and the CDDP are unable to agree on which specific amounts, owed to CDDP County by ODHSDHS, ODHS DHS may offset in order to recover the amount of the Misexpenditure, then ODHS DHS may select the particular contracts or agreements between ODHS DHS and CDDP County and amounts from which it will recover the amount of the Misexpenditure, after providing notice to CDDPCounty, and within the following limitations: (a) ODHS DHS shall first look to amounts owed to CDDP (but unpaid) under this Agreement. (b) If that amount is insufficient, then ODHS DHS may look to any other amounts currently owing or owed in the future to County by ODHSDHS. (c) In no case, without the prior consent of County, shall ODHS DHS deduct from any one payment due County under the contract or agreement from which ODHS DHS is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. (d) ODHS DHS may look to as many future payments as necessary in order to fully recover the amount of the Misexpenditure.