Common use of Refunds Clause in Contracts

Refunds. If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such Section) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c), 4.5.2 the Executive becomes entitled to receive any refund with respect to such claim, claim the Executive shall will (subject to the Company’s complying with the requirements of such SectionSection 4.5.2) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)4.5.2, a determination is made that the Executive shall will not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, determination then such the advance shall will be forgiven and shall will not be required to be repaid and the amount of such advance shall will offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced provided by the Company pursuant to Section 11(c9(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such SectionSection 9(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced provided by the Company pursuant to Section 11(c9(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and amount shall not be required to be repaid and the amount of such advance shall be offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)paragraph 4.5.2, the Executive becomes entitled to receive any refund with respect to such claim, claim the Executive shall will (subject to the Company’s complying with the requirements of such Sectionparagraph 4.5.2) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)paragraph 4.5.2, a determination is made that the Executive shall will not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such the advance shall will be forgiven and shall will not be required to be repaid and the amount of such advance shall will offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such SectionSection 5.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)3.3, the Executive becomes entitled to receive receives any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such SectionSection 3.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)3.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)7.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such SectionSection 7.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)7.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)4.5.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the CompanyCorporation’s complying with the requirements of such Sectionsaid Section 4.5.3) promptly pay to the Company Corporation the amount of such refund (together with any interest paid or credited thereon thereon, after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)4.5.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company Corporation does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid repaid; and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's complying with the requirements of such SectionSection 5.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after receipt by the Executive of an amount advanced by the Company Xxxxxx pursuant to Section 11(c7.8(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s Xxxxxx'x complying with the requirements of such Section) promptly pay to the Company Xxxxxx the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after receipt by the Executive of an amount advanced by the Company Xxxxxx pursuant to Section 11(c7.8(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company Xxxxxx does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount ------- advanced by the Company pursuant to Section 11(c)3.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's complying with the requirements of such SectionSection 3.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)3.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such SectionSection 5.3) promptly pay to the Company the amount of such refund (together with any interest actually paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)6.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such SectionSection 6.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)6.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c7.3(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such Section) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c7.3(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)4.5.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s Corporation's complying with the requirements of such Sectionsaid Section 4.5.3) promptly pay to the Company Corporation the amount of such refund (together with any interest paid or credited thereon thereon, after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)4.5.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company Corporation does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid repaid; and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c6(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's complying with the requirements of such SectionSection 6(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c6(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c9(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying compliance by Company with the requirements of such SectionSection 9(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an -108- 110 amount advanced by the Company pursuant to Section 11(c9(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced paid by the Company pursuant to Section 11(c6(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's complying with the requirements of such SectionSection 6(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced paid by the Company pursuant to Section 11(c6(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and payment shall not be required to be repaid and the amount of such advance payment shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)paragraph 4.5.2, the Executive becomes entitled to receive any refund with respect to such claim, claim the Executive shall will (subject to the Company’s complying with the requirements of such Sectionparagraph 4.5.2) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)paragraph 4.5.2, a determination is made that the Executive shall will not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such the advance shall will be forgiven and shall will not be required to be repaid and the amount of such advance shall will offset, to the extent thereof, the amount of Gross-Gross- Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)10.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such SectionSection 10.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)10.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after receipt by the Executive of an amount advanced by the Company Xxxxxx pursuant to Section 11(c8.8(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s Xxxxxx’x complying with the requirements of such Section) promptly pay to the Company Xxxxxx the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after receipt by the Executive of an amount advanced by the Company Xxxxxx pursuant to Section 11(c8.8(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company Xxxxxx does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such Section) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c6.3(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's complying with the requirements of such Section) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c6.3(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's complying with the requirements of such SectionSection 5.3) promptly pay to the Company the amount of such refund (together with any interest actually paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)5.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)this section or related sections, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such Sectionsection) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)this section or related sections, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Gross Up Payment required to be paid.

Refunds. If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c10(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of such Section) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c10(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)5.5.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the CompanyCorporation’s complying with the requirements of such Sectionsaid Section 5.5.3) promptly pay to the Company Corporation the amount of such refund (together with any interest paid or credited thereon thereon, after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)5.5.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company Corporation does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid repaid; and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)7.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's complying with the requirements of such SectionSection 7.3) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)7.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)2.10.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the CompanyCorporation’s complying with the requirements of such Sectionsaid Section 2.10.3) promptly pay to the Company Corporation the amount of such refund (together with any interest paid or credited thereon thereon, after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company Corporation pursuant to Section 11(c)2.10.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim claim, and the Company Corporation does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid repaid; and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced paid by the Company pursuant to Section 11(c9(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to compliance by the Company’s complying Company with the requirements of such SectionSection 9(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced paid by the Company pursuant to Section 11(c9(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance payment shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.

Refunds. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)paragraph 4.9.2, the Executive becomes entitled to receive any refund with respect to such claim, claim the Executive shall will (subject to the Company’s complying with the requirements of such Sectionparagraph 4.9.2) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 11(c)paragraph 4.9.2, a determination is made that the Executive shall will not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) 30 days after such determination, then such the advance shall will be forgiven and shall will not be required to be repaid and the amount of such advance shall will offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.