Refund of Payments. The Vendor shall, upon termination by Customer due to default by Vendor, and in addition to any other remedies at law or in equity available to Customer, return payments it received under this Agreement. The refund of monies paid hereunder shall not be deemed the exclusive remedy of Customer in the event of a default or breach of this Agreement by Vendor.
Refund of Payments. If any payment received or recovered by a Subscriber or any other person on behalf of the Subscriber is or may be avoided, whether by law or otherwise, then:
(a) such payment shall be deemed not to have affected or discharged the liability of the Issuer under this agreement and the Subscriber shall, to the maximum extent permitted by law, be restored to the position in which it would have been if such payment had not been received or recovered; and
(b) the Subscriber shall be entitled to exercise all rights which the Subscriber would have been entitled to exercise if such payment had not been received or recovered.
Refund of Payments. (except cheques) and cancelling a payment
Refund of Payments. If we reasonably believe, and except to the extent that you prove to the contrary, that the event that gave rise to a termination under Clause 25.11 above (Termination Right) also constitutes a violation of the U.S. Foreign Corrupt Practices Act or any other applicable Anti-Bribery Laws, any claims for payment by you with regard to this Contract will be automatically terminated and all payments previously made shall be immediately refunded to us.
Refund of Payments. 9.1 In the cases specified in the Agreement and/or in this Exhibit, as well as in other cases at the Company's sole discretion, the Company can perform a refund of payment (partially or in full) made by a person in order to acquire the Tokens ("Refund Receiver").
9.2 The form of payment for the refund will be the same as the Refund Receiver used when making payment for the Tokens.
9.3 If the purchase of the Tokens were initially paid by the Refund Receiver in Cryptocurrency, the Company, at its sole discretion, may refund to the Refund Receiver the amount in the same Cryptocurrency adjusted as set out in Clause 9.4 hereof, subject to deductions set out in Clause 9.6 hereof.
9.4 In order to mitigate risks of exchange rates fluctuations, the Company reserves the right to make adjustments to the amounts in Cryptocurrency refunded to the Refund Receivers. For such purposes, the following formula shall apply: r1 = Respective Cryptocurrency/US Dollar exchange rate published on the Coin Payments website (xxxxx://xxx.xxxxxxxxxxxx.xxx/) as of the Conversion Date, in US Dollars; and r2 = Respective US Dollars/Cryptocurrency exchange rate published on the Coin Payments website (xxxxx://xxx.xxxxxxxxxxxx.xxx/) at 12:00:00 AM GMT of the date when the Company makes the refund, in Cryptocurrency.
9.5 Each Refund Receiver shall, at the Company's request, within 7 calendar days from such request, provide the Company with details of his account for the funds transfer/remittance. The Company will perform the refund within 30 days from the date of receipt by it of the details of the Refund Receiver’s accounts for the funds transfer/remittance. Failure of the Refund Receiver to provide the Company with the requested information will result in non-receiving or delay in receiving of the refund. The Company will not be liable for any delay or failure to perform the refund where the delay or failure results from failure of the Refund Receiver to provide the Company with the requested information.
9.6 Any refunds made in favor of the Refund Receiver will be reduced by an amount of any costs and expenses that the Company or the independent escrow agent has incurred or may incur in the future in this regard, including any exchange fees, bank fees, agency and brokerage fees, remunerations, taxes, charges, fees for blockchain transactions, etc.
Refund of Payments. If (i) TKT enters into any agreement regarding a ****** Collaboration with a Third Party at any time within the ******** period following the second anniversary of this Agreement or (ii) MMD expresses its interest in entering into a ****** Collaboration with TKT at any time prior to the ***** anniversary of this Agreement, MMD and TKT enter into good faith negotiations regarding such a ****** Collaboration and fail to agree upon mutually satisfactory terms and thereafter TKT successfully develops a ******************** ********** using **********************, then TKT shall refund to MMD all payments made by MMD pursuant to subsection 2.3.4. upon the consummation of such a ****** Collaboration or the market introduction of TKT's own *********************************** ******************.
Refund of Payments. Feather River College Student Housing shall authorize refunds of payments only as provided for in the License Agreement and Student Housing Handbook. Initial:
Refund of Payments. If the Administrative Agent is required at any time to return to any Obligor or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments received by the Administrative Agent in respect of any of the Obligations in connection with the Cases or any bankruptcy or similar proceeding with respect to any Guarantor or any other Person or entity or otherwise, then each Lender shall, on demand of the Administrative Agent, forthwith return to the Administrative Agent its ratable share of any such payments made to such Lender by the Administrative Agent, together with its ratable share of interest and/or penalties, if any, payable by the Lenders. This provision shall survive the termination of this Agreement.
Refund of Payments. If the Agent is required at any time to rebate or otherwise return to the Note Issuer or the Seller or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments received by the Agent for distribution hereunder in respect of any of the Secured Obligations as result of a bankruptcy or similar proceeding with respect to the Note issuer, the Seller or any other Person or otherwise, then each Purchaser and Noteholder shall, on demand of the Agent, forthwith return to the Agent its ratable share of any such payments made to such Purchaser or Noteholder by the Agent, together with its ratable share of interest and/or penalties, if any, payable by the Agent, the Purchasers or the Noteholders, as the case may be. This provision shall survive the termination of this Note Purchase Agreement.
Refund of Payments. Refunds of payments will only be made in the event of an error in their collection attributable to the Dentist or Claremont Limited. No refunds of payments will be made in the event of cancellation of the plan or any other event outside the control of the Dentist.
