Common use of RECOVERY OF UNDUE AMOUNTS Clause in Contracts

RECOVERY OF UNDUE AMOUNTS. 14.1 The Agency may recover any amount that was paid to the expert but is not due under the Contract. 14.2 The Agency will notify the expert of its intention to recover, the reasons why and invite him/her to submit observations within 30 days of receiving notification. If no observations are submitted or the Agency decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a debit note to the expert. This note will also specify the terms and the date for payment. If payment is not made by the date specified in the debit note, the Agency may recover the amount: (a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by the Agency, or the Commission or an executive agency (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency may offset before the payment date specified in the debit note; Or (b) by taking legal action (see Article 22). 14.3 If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 8.6, from the day following the date for payment in the debit note, up to and including the date the Agency receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive 2007/64/EC applies.

RECOVERY OF UNDUE AMOUNTS. 14.1 ‌ 15.1 The Agency [Commission][Agency] may recover any amount that was paid to the expert but is not due under the Contract. 14.2 15.2 The Agency [Commission][Agency] will notify the expert (via the Participant Portal electronic exchange system; see Article 21) of its intention to recover, the reasons why and invite him/her to submit observations within 30 days of receiving notification. If no observations are submitted or the Agency [Commission][Agency] decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a debit note to the expert. This note will also specify the terms and the date for payment. If payment is not made by the date specified in the debit note, the Agency [Commission][Agency] may recover the amount: (a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by the [Agency, or the the] Commission or an an[other] executive agency (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency [Commission][Agency] may offset before the payment date specified in the debit note; Oror (b) by taking legal action (see Article 2223). 14.3 15.3 If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 8.69.6, from the day following the date for payment in the debit note, up to and including the date the Agency [Commission][Agency] receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expertbeneficiary, unless Directive 2007/64/EC applies.

RECOVERY OF UNDUE AMOUNTS. 14.1 16.1. The Agency contracting authority may recover any amount that was paid to the expert but is not due under the Contract. 14.2 16.2. The Agency will contracting authority must formally notify the expert of its intention to recover, include the reasons why and invite him/her to submit any observations within 30 days of receiving notification. If no observations are submitted or if the Agency decides to pursue recovery despite the observations it has receivedcontracting authority does not accept these observations, it will confirm recovery the amount to be recovered by formally notifying a ‘debit note note’ to the expert. This note will also specify the terms and the date for payment. 16.3. The expert must repay the amount specified in the debit note to the contracting authority by the date specified in the debit note. If payment is not made by the date specified in the debit notespecified, the Agency contracting authority may recover the amount: (a) : by offsetting it — without the expert’s consent — against any amounts owed to the expert by the Agency, or the Commission or an executive agency contracting authority (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency may offset before the payment date specified in the debit note; Or (b) or b. by taking legal action (see Article 2223). 14.3 16.4. If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 8.610.6, from the day following the date for payment in the debit note, up to and including the date the Agency contracting authority receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive 2007/64/EC applies.

RECOVERY OF UNDUE AMOUNTS. 14.1 ‌ 15.1 The Agency [Commission][Agency] may recover any amount that was paid to the expert but is not due under the Contract. 14.2 15.2 The Agency [Commission][Agency] will notify the expert (via the Participant Portal electronic exchange system; see Article 21) of its intention to recover, the reasons why and invite him/her to submit observations within 30 days of receiving notification. If no observations are submitted or the Agency [Commission][Agency] decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a debit note to the expert. This note will also specify the terms and the date for payment. If payment is not made by the date specified in the debit note, the Agency [Commission][Agency] may recover the amount: (a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by the [Agency, or the the] Commission or an an[other] executive agency (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency [Commission][Agency] may offset before the payment date specified in the debit note; Oror (b) by taking legal action (see Article 2223). 14.3 15.3 If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 8.69.6, from the day following the date for payment in the debit note, up to and including the date the Agency [Commission][Agency] receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive 2007/64/EC applies.

RECOVERY OF UNDUE AMOUNTS. 14.1 15.1 The Agency [Commission][Agency] may recover any amount that was paid to the expert but is not due under the Contract. 14.2 15.2 The Agency [Commission][Agency] will notify the expert (via the Participant Portal electronic exchange system; see Article 21) of its intention to recover, the reasons why and invite him/her to submit observations within 30 days of receiving notification. If no observations are submitted or the Agency [Commission][Agency] decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a debit note to the expert. This note will also specify the terms and the date for payment. If payment is not made by the date specified in the debit note, the Agency [Commission][Agency] may recover the amount: (a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by the [Agency, or the the] Commission or an an[other] executive agency (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency [Commission][Agency] may offset before the payment date specified in the debit note; Oror (b) by taking legal action (see Article 2223). 14.3 15.3 If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 8.69.6, from the day following the date for payment in the debit note, up to and including the date the Agency [Commission][Agency] receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive 2007/64/EC applies.

RECOVERY OF UNDUE AMOUNTS. 14.1 15.1. The Agency may recover any amount that was paid to the expert but is not due under the Contract. 14.2 15.2. The Agency will notify the expert (via the Participant Portal electronic exchange system; see Article 21) of its intention to recover, the reasons why and invite him/her to submit observations within 30 days of receiving notification. If no observations are submitted or the Agency decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a debit note to the expert. This note will also specify the terms and the date for payment. If payment is not made by the date specified in the debit note, the Agency may recover the amount: (a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by the Agency, or the Commission or an another executive agency (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency may offset before the payment date specified in the debit note; Oror (b) by taking legal action (see Article 2223). 14.3 15.3. If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-late- payment interest at the rate set out in Article 8.69.6, from the day following the date for payment in the debit note, up to and including the date the Agency receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive 2007/64/EC applies.

RECOVERY OF UNDUE AMOUNTS. 14.1 15.1 The Agency [Commission][Agency] may recover any amount that was paid to the expert but is not due under the Contract. 14.2 15.2 The Agency [Commission][Agency] will notify the expert (via the Funding & Tenders Portal electronic exchange system; see Article 21) of its intention to recover, the reasons why and invite him/her to submit observations within 30 days of receiving notification. If no observations are submitted or the Agency [Commission][Agency] decides to pursue recovery despite the observations it has received, it will confirm the amount to be recovered by formally notifying a debit note to the expert. This note will also specify the terms and the date for payment. If payment is not made by the date specified in the debit note, the Agency [Commission][Agency] may recover the amount: (a) by offsetting it — without the expert’s consent — against any amounts owed to the expert by the [Agency, or the the] Commission or an an[other] executive agency (from the EU or Euratom) budget. In exceptional circumstances, to safeguard the EU’s financial interests, the Agency [Commission][Agency] may offset before the payment date specified in the debit note; Oror (b) by taking legal action (see Article 2223). 14.3 15.3 If payment is not made by the date in the debit note, the amount to be recovered will be increased by late-payment interest at the rate set out in Article 8.69.6, from the day following the date for payment in the debit note, up to and including the date the Agency [Commission][Agency] receives full payment of the amount. Partial payments will be first credited against expenses, charges and late-payment interest and then against the principal. Bank charges incurred in the recovery process will be borne by the expert, unless Directive 2007/64/EC applies.