- OWNERSHIP/USE OF THE RESULTS II.3.1 Unless stipulated otherwise in this agreement, ownership of the results of the action, including industrial and intellectual property rights, and of the reports and other documents relating to it shall be vested in the beneficiary.
Audit Results If an audit by a Party determines that an overpayment or an underpayment has occurred, a notice of such overpayment or underpayment shall be given to the other Party together with those records from the audit which support such determination.
Expected Results VA’s agreement with DoD to provide educational assistance is a statutory requirement of Chapter 1606, Title 10, U.S.C., Chapter 1607, Title 10, U.S.C., Chapter 30, Title 38, U.S.C. and Chapter 33, Title 38, U.S.C (Post-9/11 GI Xxxx). These laws require VA to make payments to eligible veterans, service members, guard, reservist, and family members under the transfer of entitlement provisions. The responsibility of determining basic eligibility for Chapter 1606 is placed on the DoD. The responsibility of determining basic eligibility for Chapter 30 and Chapter 33 is placed on VA, while the responsibility of providing initial eligibility data for Chapter 30 and Chapter 33 is placed on DoD. Thus, the two agencies must exchange data to ensure that VA makes payments only to those who are eligible for a program. Without an exchange of enrollment and eligibility data, VA would not be able to establish or verify applicant and recipient eligibility for the programs. Subject to the due process requirements, set forth in Article VII.B.1., 38 U.S.C. §3684A, VA may suspend, terminate, or make a final denial of any financial assistance on the basis of data produced by a computer matching program with DoD. To minimize administrative costs of implementation of the law and to maximize the service to the veteran or service member, a system of data exchanges and subsequent computer matching programs was developed. The purposes of the computer matching programs are to minimize the costs of administering the Xxxxxxxxxx GI Xxxx — Active Duty, the Xxxxxxxxxx GI Xxxx — Selected Reserve, Reserve Educational Assistance Program, and the Post-9/11 GI Xxxx program; facilitate accurate payment to eligible veterans or service members training under the Chapter of the Xxxxxxxxxx GI Xxxx — Active Duty, the Xxxxxxxxxx GI Xxxx — Selected Reserve, Reserve Educational Assistance Program, and the Post-9/11 GI Xxxx program; and to avoid payment to those who lose eligibility. The current automated systems, both at VA and DoD, have been developed over the last twenty-two years. The systems were specifically designed to utilize computer matching in transferring enrollment and eligibility data to facilitate accurate payments and avoid incorrect payments. The source agency, DMDC, stores eligibility data on its computer based system of record. The cost of providing this data to VA electronically are minimal when compared to the cost DMDC would incur if the data were forwarded to VA in a hard-copy manner. By comparing records electronically, VA avoids the personnel costs of inputting data manually as well as the storage costs of the DMDC documents. This results in a VA estimated annual savings of $26,724,091 to VA in mailing and data entry costs. DoD reported an estimated annual savings of $12,350,000. A cost-benefit analysis is at Attachment 1. In the 32 years since the inception of the Chapter 30 program, the cost savings of using computer matching to administer the benefit payments for these educational assistance programs have remained significant. The implementation of Chapter 33 has impacted the Chapter 30 program over the past 8 years (fiscal year 2010 through fiscal year 2017). Statistics show a decrease of 23 percent in the number of persons who ultimately use Chapter 30 from fiscal year 2015 to 2016. The number of persons who use Chapter 33 has consistently been above 700,000 in the past four years. VA foresees continued cost savings due to the number of persons eligible for the education programs.
Justification and Anticipated Results The Privacy Act requires that each matching agreement specify the justification for the program and the anticipated results, including a specific estimate of any savings. 5 U.S.C. § 552a(o)(1)(B).
Evaluation Results A. Evaluation results shall be used:
SIGNIFICANT ACCOUNTING POLICIES The interim financial statements are prepared by using the same accounting policies and methods of computation as were used for the financial statements for the year ended December 31, 2019, except the changes in accounting policies as follows.
CONTINUITY OF OPERATIONS (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.
Sustainability 49.1 The Contractor shall perform its obligations under the Call-off Contract in a manner so as to:
Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract.
Financial Condition There shall have been no material adverse change, as determined by Bank, in the financial condition or business of Borrower, nor any material decline, as determined by Bank, in the market value of any collateral required hereunder or a substantial or material portion of the assets of Borrower.