Settlement and Finality Sample Clauses

Settlement and Finality. 3.1 At the close of each Business Banking Day, FORTE will calculate Merchant’s Settlement Amount, including all applicable debits, credits, fees and adjustments. In the event the sum total of the Settlement Amount is a non- zero value, FORTE will initiate a Settlement transaction to Merchant’s Settlement Account. Positive totals will result in a Credit to Merchant’s Settlement Account; negative totals will result in a Debit to Merchant’s Settlement Account.
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Settlement and Finality. After the hold period for Debit Entries has expired, we will credit the Merchant DDA by the amount of the Debit Entries but this credit will not be final until we have available Transaction funds. If any Debit Entry is returned to us (as described in the Rules), we will debit the Merchant DDA for the amount of the returned item plus fees and costs incurred by BluePay. In the event there are not sufficient funds in the Merchant DDA to cover your obligations under this Agreement, you agree to pay us the amount of the deficiency on demand in immediately available funds. BluePay may debit any account maintained by you, such as for example the Merchant DDA, without further notice to or approval from you. Any Credit Entries that you create will be debited from the Merchant DDA in accordance with the hold period prior to the credit being distributed to your payees’ accounts. In the event that the Debit Entry is returned for any reason, the Credit Entries will be cancelled due to the unavailability of funds. Limits of Liability BluePay will be responsible for our performance of the ACH Processing Services as a third party service provider in accordance with the terms of this Agreement, and the Rules and Regulations. We are not, however, responsible for errors, acts or failures to act of others, including, and among other entities, banks, ODFI, Merchant ODFI, communications carriers or clearing houses through which Entries may be originated or we receive or transmit information, and no such entity shall be deemed our agent. BluePay is not responsible for any loss, delay, cost or liability which arises, directly or indirectly, in whole or in part, from: your actions or omissions, your negligence or breach of any warranty or agreement ; any ambiguity, inaccuracy or omission in any instruction or information provided to BluePay; accidents, strikes, labor disputes, civil unrest, war, terrorism, fire, earthquake, flood, water damage (e.g., from fire suppression systems), tele‐communications or communication network disruption, power surges or failures, legal constraints or acts of God or government; or the actions of others or causes that are beyond BluePay’s reasonable control. BluePay will not be responsible under any circumstances for special, indirect, punitive or consequential damages which you incur as a result of BluePay’s actions or omissions, even if BluePay is aware of the possibility for such damages. BluePay’s liability and your remedy for actual costs and l...
Sample 1
Settlement and Finality. (a) Processor will settle all Entries after the pre-established hold period normally five (5) business days from the date the Entries are initially transmitted to the ACH and Processor’s ODFI or on a schedule agreed to in writing and made as part of this agreement or at Processor’s discretion. (b) Returned Entries beyond Settlement: Entries not honored by Xxxxxxxx’s customer’s bank will be debited from Xxxxxxxx’s settlement account. In the event there are not sufficient funds in the Settlement Account to cover Merchants obligations under this Agreement, Xxxxxxxx agrees to pay Processor the amount of the deficiency on demand in immediately available funds. Processor may, as a last resort, hold or net settle any then current transactions and/or debit any account maintained by Merchant to recover returned transactions. Any Credit Entries that Merchant creates will be debited from Merchants account in accordance with the hold period prior to the credit being distributed to Merchant payee’s accounts. In the event the Debit Entry is returned for any reason, the Credit Entries will be canceled due to the unavailability of funds. (d) Re-presentment, and Lockbox - Merchant’s account will be credited after a pre-agreed hold period, This hold period allowing sufficient time for as many returns to be received by Processor as possible before settlement. Processor may delay, change, amend its ‘hold’ period on settlement of funds to Merchant, as it deems in its best interest.
Sample 1
Settlement and Finality. (a) If SPS originates the files, SPS will settle all entries after the pre-established hold period to C/N’s designated depository account, normally up to five (5) business days after the date the transactions are initially transmitted to the F/I or on a schedule agreed to in writing and made a part of this agreement or at SPS’ or F/I’s discretion.
Sample 1
Settlement and Finality. We will settle all entries as follows: (a) P.O.S. Settlement: Entries received prior to our cut off time of 4:00 PM EST on any banking day (as defined by the Federal Reserve) will be credited to your settlement bank the following banking day, or after the hold period, at our discretion. (b) Settlement of Returned Entries: Entries not honored by your customer’s bank will be debited from your settlement account. After the entries have been successfully recovered by the re-presentment process, if service is being provided by us, we will reaccredit your account. (c) If any Debit Entry is returned to Processor, Processor will debit the Account for the amount of the returned item plus fees and costs incurred by Processor immediately or on an agreed schedule. In the event there are not sufficient funds in the Account to cover Clients obligations under this Agreement, Client agrees to pay Processor the amount of the deficiency on demand in immediately available funds. Processor may, as a last resort, debit any account maintained by Client to recover returned transactions. Any Credit Entries that Client creates will be debited from Clients account in accordance with the hold period prior to the credit being distributed to Client payees accounts. In the event the Debit Entry is returned for any reason, the Credit Entries will be canceled due to the unavailability of funds. (d) Re-presentment, and Lockbox - Client’s account will be credited after a pre-agreed hold period, normally five (5) business days from the date the Return items are initially transmitted to the ACH or on a schedule agreed to in writing and made as part of this agreement. This hold period allows sufficient time for as many returns to be received by Processor as possible before settlement.
Sample 1
Settlement and Finality. At the close of each Business Banking Day, ACHD will calculate Merchant’s Settlement Amount, including all applicable debits, credits, fees and adjustments. In the event the sum total of the Settlement Amount is a non-zero value, ACHD will initiate a Settlement Entry to Merchant’s Settlement Account. Positive totals will result in a Credit Entry to Merchant’s Settlement Account; negative totals will result in a Debit Entry to Merchant’s Settlement Account. In the event that a Debit Entry to Merchant’s Settlement Account is returned for any reason, all Credit Entries initiated by Merchant may be cancelled or reversed at XXXX’s discretion.
Sample 1
Settlement and Finality. IPPAY will settle all entries as follows: (a) P.O.S. Settlement: Entries received prior to IPPAY’s cut off time of 3:30 PM EST on any banking day (as defined by the Federal Reserve) will be credited to Xxxxxxxx’s settlement bank the following banking day, or after the hold period, at IPpay’s discretion. (b) Settlement of Returned Entries: Entries not honored by Xxxxxxxx’s customer’s bank will be debited from Xxxxxxxx’s settlement account. After the entries have been successfully recovered by the re-presentment process, if service is being provided by IPPAY, IPPAY will reaccredit Merchant’s account. (c) If any Debit Entry is returned to IPPAY, IPPAY will debit the Account for the amount of the returned item plus fees and costs incurred by IPPAY immediately or on a mutually agreed schedule. In the event there are not sufficient funds in the Account to cover Merchant’s obligations under this Agreement, Xxxxxxxx agrees to pay IPPAY the amount of the deficiency on demand in immediately available funds. IPPAY may, as a last resort, debit any account maintained by Merchant to recover returned transactions. Any Credit Entries that Merchant creates will be debited from Merchant account in accordance with the hold period prior to the credit being distributed to Merchant payees accounts. In the event the Debit Entry is returned for any reason, the Credit Entries will be canceled due to the unavailability of funds. (d) Re-presentment, and Lockbox – Xxxxxxxx’s account will be credited after a pre-agreed hold period, normally five (5) business days from the date the Return items are initially transmitted to the ACH or on a schedule agreed to in writing and made as part of this agreement. This hold period allows sufficient time for as many returns to be received by IPPAY as possible before settlement.
Sample 1
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Related to Settlement and Finality

  • Settlement of Disputes between the Parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.

  • Settlement of Disputes between the Contracting Parties 1 . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultation or negotiation.

  • Settlement of Disputes between a Contracting Party and an Investor of the other Contracting Party

  • Settlement of Dispute Any disputes under the Agreement shall be settled at first through friendly consultation between the parties hereto. In case no settlement can be reached through consultation, each party shall have the right to submit such disputes to China International Economic and Trade Arbitration Commission in Beijing. The Place of arbitration is Beijing. The arbitration award shall be final and binding on both parties.

  • Finality Any matters relating to the current contract term, whether or not referred to in this Agreement, shall not be open for negotiation during the term of this Agreement.

  • Settlement Agreement Respondent understands that Respondent has the right to a formal adjudicatory hearing concerning this matter and that at said hearing Respondent would possess the right to confront and cross-examine witnesses, to call witnesses, to present evidence, to testify on Respondent’s own behalf, to contest the allegations, to present oral argument, and to appeal to the courts. Further, Respondent fully understands the nature, quality, and dimensions of these rights. Respondent understands that by signing this Settlement Agreement,

  • Step 3 – Contract Language Disputes (a) If a grievance concerning the interpretation or application of this Agreement, other than a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the grievant or designated representative may appeal the grievance by submitting it to the Office Manager for the Office of the General Counsel of the Department of Management Services, 0000 Xxxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, 00000-0950, or by email to: Xxxx0Xxxxxxxxxx@xxx.xxxxxxxxx.xxx within 15 days following receipt of the decision at Step 2. The grievance shall include a copy of the grievance forms submitted at Steps 1 and 2, together with all written responses and documents in support of the grievance. When the grievance is eligible for initiation at Step 3, the grievance shall be filed on the grievance form contained in Appendix B of this Contract, setting forth specifically the facts on which the grievance is based, the specific provision(s) of the Contract allegedly violated, and the relief requested.

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