Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, has been paid all of the Lenders’ contingent liability pursuant to Section 9.1, 9.5 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting Lender, as the case may be, under Section 9.1, 9.5 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, agrees to pay to the Borrower, upon the earlier of:
(a) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, for cancellation or the Lenders are released by the beneficiary thereof from any further obligations in respect of such Letter;
(b) the expiry of such Letter; and
(c) the Lenders are permanently enjoined by a court of competent jurisdiction from honouring such Letter pursuant to a final Order; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders for amounts paid by them under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned.
Refund of Overpayments. With respect to each Letter for which the Issuing Lender has been paid all of its contingent liability pursuant to Section 9.2, 9.7 or 13.1 and provided that all amounts due by the Borrowers to the Agent under Section 9.2, 9.7 or 13.1 have been paid, the Issuing Lender agrees to pay to the Borrowers, upon the earlier of:
(a) the date on which either the original counterpart of such Letter is returned to the Issuing Lender for cancellation or the Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(b) the expiry of such Letter; and
(c) the Issuing Lender is permanently enjoined by a court of competent jurisdiction from honouring such Letter pursuant to a final Order; an amount equal to any excess of the amount received by the Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Issuing Lender for amounts paid by it under or in connection with such Letter (the Issuing Lender having the right to so appropriate such funds).
Refund of Overpayments. The Company will make no refund of overpayments by a Customer unless the claim for such overpayment together with proper evidence is submitted within six (6) months from the date of alleged overpayment.
Refund of Overpayments. If, as a consequence of any of the events contemplated in clauses 6.1(a), the Owner has made Charge Payments in excess of the Charge Payments that the Owner is required to pay under this agreement as at that date, then:
(a) if Council has paid that excess amount to the Lending Body and the Lending Body agrees that such payment has occurred, the Lending Body must remit that excess amount to Council; and
(b) if Council:
(i) has not paid that excess amount to the Lending Body; or
(ii) has paid that excess amount to the Lending Body, and has had that excess amount remitted to it by the Lending Body under clause 7(a), in each case within a reasonable time after Council becomes aware or the Lending Body agrees (as relevant) that such overpayment has occurred. For the avoidance of doubt, nothing in this agreement requires Council to refund any excess amount to the Owner if Council has paid that excess amount to the Lending Body and the Lending Body has not remitted that excess amount to Council under clause 7(a).
Refund of Overpayments. If, as a consequence of any of the events contemplated in clauses 6.1(a), the Owner has made Charge Payments in excess of the Charge Payments that the Owner is required to pay under this agreement as at that date, then:
(a) if MCC has paid that excess amount to the Lending Body and the Lending Body agrees that such payment has occurred, the Lending Body must remit that excess amount to MCC; and
(b) if MCC:
(i) has not paid that excess amount to the Lending Body; or
(ii) has paid that excess amount to the Lending Body, and has had that excess amount remitted to it by the Lending Body under clause 7(a), in each case within a reasonable time after MCC becomes aware or the Lending Body agrees (as relevant) that such overpayment has occurred. For the avoidance of doubt, nothing in this agreement requires MCC to refund any excess amount to the Owner if MCC has paid that excess amount to the Lending Body and the Lending Body has not remitted that excess amount to MCC under clause 7(a).
Refund of Overpayments. If, as a consequence of any of the events contemplated in clauses 6.1(a), the Owner has made Charge Payments in excess of the Charge Payments that the Owner is required to pay under this agreement as at that date, then: if MCC has paid that excess amount to the Lending Body and the Lending Body agrees that such payment has occurred, the Lending Body must remit that excess amount to MCC; and if MCC: has not paid that excess amount to the Lending Body; or has paid that excess amount to the Lending Body, and has had that excess amount remitted to it by the Lending Body under clause 7.1(a), MCC must refund the excess amount to the Owner, in each case within a reasonable time after MCC becomes aware or the Lending Body agrees (as relevant) that such overpayment has occurred. For the avoidance of doubt, nothing in this agreement requires MCC to refund any excess amount to the Owner if MCC has paid that excess amount to the Lending Body and the Lending Body has not remitted that excess amount to MCC under clause 7.1(a). The Owner confirms that as at the date of this agreement: it has advised, in writing, each Existing Secured Financier (if any): that it intends to enter into this agreement; and of the details of the Environmental Upgrade Charge that is expected to be declared by MCC in respect of the Land under this agreement, in accordance with its obligations under section 27N(2) of the City of Melbourne Act; and each Tenant that would be liable to pay for all or part of the Environmental Upgrade Charge levied under this agreement, has been provided with a statement specifying: the total amount of the payments that the Tenant would be required to make; and a repayment schedule that details when the Tenant’s liability would become payable and, if the Tenant’s liability can be paid by instalment, the amount and timing of each instalment; and that the repayment schedule may be amended as contemplated in clause 6.1; and that the Tenant may consent or object, in writing, to the imposition of the Environmental Upgrade Charge in the manner set out in the statement; and each Tenant that has received a statement as contemplated in clause 8.1(b) has consented to the imposition of the Environmental Upgrade Charge in the manner set out in the statement; it has notified MCC of: details of all registered and unregistered mortgages over the Land including: the total amount owing in respect of each mortgage; or if a relevant mortgage is held against two or more properties incl...
Refund of Overpayments. Any excess of funds paid to Pohle in either cash cxxxx or monthly statements will be first applied to any outstanding bills with Pohle. If a JVP is fully xxxx with respect to all debts owed to Pohle, funds will be disbxxxxx to that JVP within ninety (90) days after the date it is determined that an overpayment has been made.
Refund of Overpayments. If, as a consequence of any of the events contemplated in clause 3.7(a) the Building Owner has, as at the time the adjustment to the Agreed Repayment Arrangement and the Funding Payment Schedule occurs under clause 3.7 as a result of the relevant event, made Charge Payments in excess of the adjusted amounts contemplated in clause 3.7(b), then:
(a) to the extent that the Council has paid that excess amount to the Finance Provider, the Finance Provider must remit that excess amount to the Council within 8 Business Days after the Finance Provider has received that excess amount from the Council; and
(b) to the extent that the Council:
(i) has not paid that excess amount to the Finance Provider; or
(ii) has paid that excess amount to the Finance Provider and has had that excess amount remitted to it by the Finance Provider under clause 3.8(a), the Council must refund the excess amount to the Building Owner:
(iii) in the case of clause 3.8(b)(i), within a reasonable time after the Council becomes aware that such overpayment has occurred; and
(iv) in the case of clause 3.8(b)(ii), within a reasonable time after the Council has had such overpayment remitted to it by the Finance Provider. For the avoidance of doubt, nothing in this agreement requires the Council to refund any excess amount to the Building Owner to the extent that the Council has paid that excess amount to the Finance Provider and the Finance Provider has not remitted that excess amount to the Council under clause 3.8(a).
Refund of Overpayments. If SHL pays benefits for expenses incurred on your account, you, or any other person or organization that was paid, must make a refund to SHL if any of the following apply: • All or some of the expenses were not paid or did not legally have to be paid by you. • All or some of the payment we made exceeded the benefits under the Policy. • All or some of the payment was made in error. The refund equals the amount SHL paid in excess of the amount SHL should have paid under the Policy. If the refund is due from another person or organization, you agree to help SHL get the refund when requested.
Refund of Overpayments. If the Building Owner has made Charge Payments in excess of the Agreed Repayment Amount (as adjusted), then the Council must refund the excess amount to the Building Owner within twenty (20) Business Days of becoming aware of the overpayment and (if applicable) receiving remittance of the overpayment from the Finance Provider. The Finance Provider must remit any overpayment received to the Council within ten (10) Business Days of being notified by the Council of the overpayment. For the avoidance of doubt, nothing in this agreement requires the Council to refund any excess amount to the Building Owner if the Council has paid that amount to the Finance Provider and the Finance Provider has not remitted the excess amount to the Council under clause 7.8. The Agreed Repayment Arrangements cease to apply when the Charge Obligations have been fully discharged by the Building Owner. Enforcement The Council must, as soon as is reasonably practicable, give notice in writing to the Finance Provider if the Council becomes aware of a failure by the Building Owner to pay by the due date any amount payable under the Charge Obligations.
