Return of Funding. 1. In the event of dissolution of the Agreement for the reasons specified in Article 12.1 or 12.3, the Enterprise shall return, at the Foundation’s request, in full the financing provided under the Agreement within 14 days of the date of the call plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the4 Enterprise until the day of its return5 to the bank account designated by the Foundation plus the interest accrued in the Enterprise’s bank account on the funding provided by the Foundation in the form of an advance payment. The Enterprise shall transfer the equivalent of the financing provided under the agreements referred to in Article 6.5 to the Foundation on the principles mentioned in the preceding sentence, with the interest accrued from the date of payment of the stipends to the individual young scientists. In the especially justified cases, at the Grantee’s written request, the Foundation may refrain from demanding return of the settled financing or/and payment of the interest in the amount specified as for overdue tax liabilities while taking into consideration, in particular, the manner of performance of the Agreement by the Grantee.
2. The Enterprise shall be obliged to return the financing upon statement by the control bodies of a breach of the rules and of the terms and conditions of implementation of the Project as defined in the Agreement, acts of the national and EU law, especially in the case of:
a) statement of utilisation of the granted funding inconsistently with the object of the Agreement;
b) undue collection of the funding;
c) collection of the funding in an excessive amount;
d) default on the provisions governing durability of the Project; or
e) utilisation of the funding in breach of the procedures referred to in Article 184 of the Act on Public Finances of 27 August 2009.
3. In the case referred to in Clause 2 of this article, the Enterprise shall be obliged to transfer, by the dates and on the terms and conditions defined by the Foundation, the amount specified in the call for payment plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the Enterprise until the day of its return to the bank account designated by the Foundation.
4. An Enterprise other than a SME undertakes to disclose all net revenues within the meaning of Article 61.1 of Regulation (EU) No 1303/2013 of the European...
Return of Funding. Should SUBRECIPIENT fail to comply or if federal agencies or authorities having jurisdiction over the funding subsequently determine that the funding was used improperly or that a payment was made but later determined to not be actual or allowable costs, SUBRECIPIENT warrants that it will return to COUNTY the amount identified as improperly used or not allowable, whether during the term of this Agreement or after.
Return of Funding. 10.1 The Utility Regulator may require the Primary Bidder to promptly repay to the Fund such proportion of the Funding as the Utility Regulator may reasonably specify in writing in the following circumstances:
(a) the Primary Bidder commits a material breach of this Agreement and fails to remedy the breach within 20 Business Days of notice requiring it to do so;
(b) the Primary Bidder withdraws from an Approved Scheme or otherwise ceases to proceed with the Project, and does not recommence the Project within 20 Business Days of a notice requiring it to do so;
(c) there is reason to suspect corruption or fraud in relation to any of the Funding provided to the Primary Bidder;
(d) the Funding is held to be incompatible with State Aid law.
10.2 Where any sums are repayable to the Fund under the provisions of this Clause 10 and the Primary Bidder has failed to comply with any requirement under this Agreement, the Utility Regulator shall be entitled to recover from the Primary Bidder the reasonably incurred costs of the Utility Regulator in establishing the Primary Bidder’s repayment liability and in recovering the sums due.
10.3 Neither failure to exercise nor any delay in exercising any right, power, privilege, or remedy under this Agreement shall in any way impair or affect the exercise thereof or operate as a waiver in whole or in part.
10.4 No single or partial exercise of any right, power, privilege or remedy under this Agreement shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.
Return of Funding. 1. In the event of dissolution of the Agreement for the reasons specified in Article 12.1 or 12.3, the Unit shall return, at the Foundation’s request, in full the financing provided under the Agreement within 14 days of the date of the call plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the4 Unit until the day of its return5 to the bank account designated by the Foundation plus the interest accrued in the Unit’s bank account on the funding provided by the Foundation in the form of an advance payment. The Unit shall transfer the equivalent of the financing provided under the agreements referred to in Article
Return of Funding. 1. Should the Agreement be terminated for reasons laid down in § 18 clauses 1 and 2 , and clause 3 pt. 3-22, the Beneficiary is obliged to return the awarded funding amount, or a part thereof, within 14 days of the receipt of the request plus the interest in the amount specified as for overdue tax liabilities, calculated as of the date of transferring the funds into the Beneficiary bank account, plus interest accrued in the Beneficiary on the funding awarded as an advance payment.
2. If
a) it is found that the awarded funding is utilised contrary to its intended use,
b) undue funding is collected,
c) funding in an excessive amount is collected,
d) the funding is utilised in breach of procedures referred to in Art. 184 of the APF, the provisions of Art. 207(1) of the APF shall apply.
3. If circumstances referred to in Clause 2 occur, the Implementing Authority shall demand that the Beneficiary:
1) return the funds,
2) consent to the reduction of subsequent payments, pursuant to Art. 207 (2) of the APF. within 14 days of receiving the request.
4. Upon failing to meet the set time limit referred to in Clause 3, the Implementing Authority shall issue a decision which defines the amount of the funds to be returned and the time limit, as of which interest will be accrued, as well as the method of the return of funds, and an instruction on sanctions under Art. 207(4)(3) of the APF.
5. In the event of refunding expenditures which are the basis for calculating the flat-rate expenditures, the Beneficiary is obliged to return the expenditure amounts in proportion to the amount of flat-rate expenditures.
6. The Beneficiary shall be excluded from the possibility of being awarded funds allocated for the implementation of programmes financed from the European Regional Development Fund, on principles laid down in Art. 207(4) of the AOF, subject to Art. 207(7) of the APF.
7. The funding amount should be returned by transfer into the bank account indicated by the Implementing Authority, indicating:
a) the number of the Project;
b) the principal amount and interest;
c) the basis for the repayment;
d) the year in which the funds being repaid were received.
8. For the purposes of collection of its amounts receivable, the Foundation may grant a third party a power of attorney to act on its behalf.
9. In the event of a failure to return the funds in the full amount with the interest specified as for overdue tax liabilities, the paid amount shall be allocated, on a pro rata basis...
Return of Funding. 1. In the event of dissolution of the Agreement for the reasons specified in Article 12.1 or 12.3, the Unit shall return, at the Foundation’s request, in full the financing provided under the Agreement within 14 days of the date of the call plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the4 Unit until the day of its return5 to the bank account designated by the Foundation plus the interest accrued in the Unit’s bank account on the funding provided by the Foundation in the form of an advance payment. The Unit shall transfer the equivalent of the financing provided under the agreements referred to in Article 4 The day the Foundation’s bank account is debited shall be deemed, respectively, the day of provision of the financing to the Unit or the day of payment of the stipend. 5 The day of return shall be understood to mean the day on which the Unit’s bank account is debited.
Return of Funding. The Parties acknowledge and agree that AstraZeneca paid to Dynavax, six million U.S. Dollars ($6.0000.000) for the purpose of Dynavax carrying out the Phase 1 Study and eight million U.S. Dollars ($ 8.000.000) for the purpose of Dynavax carrying out the Phase II a Study and the Phase II a Manufacturing Services. Dynavax total and necessary spend and costs incurred for the purpose of conducting the Phase 1 Study, the Phase II a Study and the Phase II a Manufacturing Services is less than the amount paid to Dynavax, hence, AstraZeneca has paid an excess amount to Dynavax. The Parties hereby agree that AstraZeneca may offset any amount corresponding to any excess paid by AstraZeneca under the Agreement, after factoring in all fees and expenses reasonably and verifiably incurred by Dynavax in conducting Dynavax Development Work, from the next milestone payment set forth in Section 9.4. Should no further milestone payments be due, or the amount owed be in excess of the next milestone payment due, whether due to AstraZeneca’s termination of the Agreement or otherwise, then Dynavax shall repay the outstanding amounts concerned to AstraZeneca within sixty (60) days upon receipt of an invoice of the remaining excess amount. This Section shall survive the expiration or termination of the Agreement.
Return of Funding. All eligible operating expenses must be spent by December 31, 2022. All funding provided under the operating component that is not spent by December 31, 2022, or that is not used for an eligible expense under these Program Guidelines shall be returned to MMAH on demand. All remedies under these Program Guidelines shall survive any termination or expiry of the Program.
Return of Funding. All funding provided under the capital component that is not used for an eligible capital expense under these Guidelines shall be returned to MMAH on demand. All remedies under these Program Guidelines shall survive any termination or expiry of the Program and/or funding for a project.
Return of Funding. Except as expressly provided in this Agreement, no Shareholder shall be entitled to the return of any funding provided hereunder or to be paid interest on such funding. No funding that has not been returned shall constitute a liability of the Company, the Operator or any Shareholder. A Shareholder is not required to contribute or to lend cash or property to the Company to enable the Company to return any Shareholder’s funding.
