Under and over payments Sample Clauses

Under and over payments. (a) If a Party detects a Payment Error by a Party of any amount within 18 calendar months after the Payment Error: (i) the Party must as soon as reasonably practicable give notice to the other Party of the Payment Error; and (ii) an adjusting payment must be made by the appropriate Party within 15 Business Days of the notice. (b) Except where clause 5.4(c) applies, the adjusting payment must, without prejudice to the Party’s other rights, include interest calculated daily at the Prescribed Rate from the date of the Payment Error until the date of the adjusting payment. (c) An adjusting payment by a Party will not attract interest under clause 5.4(b) if it is made in relation to an underpayment and the underpayment was the result of an error by the other Party. (d) A Party is not entitled to an adjusting payment for a Payment Error notified to the other Party after the expiry of 18 calendar months after the Payment Error. (e) Where a Payment Error is an error as a result of which the amount set out in a Tax Invoice is less than what it would have been had the error not been made, the Payment Error will be taken to have occurred on the Due Date of the Tax Invoice. (f) Where a Payment Error is an error as a result of which the amount set out in a Tax Invoice is more than what it would have been had the error not been made, the Payment Error will be taken to have occurred on the date the User has paid the total amount of the Tax Invoice in full.
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Under and over payments. (a) Subject to clause 8.6(e), if a Party* detects a Payment Error* by a Party* of any amount within 18 calendar months after the Payment Error*: (i) the Party* must as soon as reasonably practicable give notice to the other Parties* of the Payment Error*; and (ii) an adjusting payment must be made by the appropriate Party* within 10 Business Days* of the notice. (b) Except where clause 8.6(c) applies, the adjusting payment must, without prejudice to the Party*’s other rights, include interest calculated daily at the Prescribed Rate* from the date of the Payment Error* until the date of the adjusting payment. (c) An adjusting payment by a Party* will not attract interest under clause 8.6(b) if it is made in relation to an underpayment and the underpayment was the result of an error by the other Party*. (d) Subject to clause 8.6(e), a Party* is not entitled to an adjusting payment for a Payment Error* notified to the other Parties* after the expiry of 18 calendar months after the Payment Error*. (e) Notwithstanding clauses 8.6(a) and 8.6(d), where: (i) Payment Errors* have occurred as a result of an error in the data used to calculate the Charges*; and (ii) the Payment Errors* occurred in one or more Accounting Periods*, the Party* who was underpaid or who made an overpayment (as applicable) is entitled to an adjusting payment only for the Payment Errors* that occurred in the Accounting Periods* that were within the 12 month period preceding the date that the Payment Errors* were notified by one Party* to the other.
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Under and over payments a) If a party detects a Payment Error by a party of any amount within 18 calendar months after the Payment Error: i) the party must give written notice to the other party of the Payment Error; and ii) an adjusting payment must be made by the appropriate party within 10 Business Days of that notice. b) Subject to Clause 4.7(c), the adjusting payment must, without prejudice to the party’s other rights, include interest calculated daily at the prescribed rate from the date of the Payment Error until the date of the adjusting payment. c) An adjusting payment by a party will not attract interest under Clause 4.7(b) if the underpayment was the result of an error by the other party.
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Under and over payments. If the Company fails to pay the entire amount of compensation due the City through error or otherwise, the difference due the City shall be paid by the Company within thirty (30) days from discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be offset against the next payment due from the Company.
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Under and over payments. If a Party detects a Payment Error by a Party of any amount within:
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Under and over payments. If a Party detects a Payment Error by a Party of any amount within: (1) in respect of a Payment Error resulting from an error in the Metering Data used to calculate the Charges, 12 months after the Payment Error; or (2) in respect of any other Payment Error, 18 months after the Payment Error, the Party must as soon as reasonably practicable give notice to the other Party of the Payment Error, and an adjusting payment must be made by the appropriate Party within 10 Business Days of the notice, including any applicable interest in accordance with clause 10.5(c).
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Related to Under and over payments

  • Refunds and Overpayments A. At its sole discretion, the System Agency may (i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s); or (ii) require Grantee to promptly refund or credit - within thirty (30) calendar days of written notice – to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement.

  • Hold Over A hold over beyond the expiration of the term specified herein shall not operate as an extension of this lease, nor as a renewal of it. Holdover fee of $100 per day will be applied

  • CONTRACT LIMIT, FEES AND EXPENSES changing the not-to-exceed amount of the Contract from FOUR HUNDRED TEN THOUSAND ONE HUNDRED SEVENTY-SEVEN DOLLARS AND ZERO CENTS ($410,177.00) to SIX HUNDRED SEVENTY THOUSAND ONE HUNDRED SEVENTY- SEVEN DOLLARS AND ZERO CENTS ($670,177.00), as approved by the Executive Director on October 31, 2022.

  • Non-waiver and Expenses No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as a waiver of such right or otherwise prejudice the Holder’s rights, powers or remedies. Without limiting any other provision of this Warrant or the Purchase Agreement, if the Company willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the Holder, the Company shall pay to the Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

  • Statement of Actual Direct Expenses and Payment by Tenant Landlord shall give to Tenant within five (5) months following the end of each Expense Year, a statement (the “Statement”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Tenant’s Share of Direct Expenses. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, the full amount of Tenant’s Share of Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as “Estimated Direct Expenses,” as that term is defined in Section 4.4.2, below, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses, Tenant shall receive a credit in the amount of Tenant’s overpayment against Rent next due under this Lease. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord such amount, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses, Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of the overpayment. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

  • Operating Expense Limit The Fund’s maximum operating expense limits (each an “Operating Expense Limit”) in any year shall be that percentage of the average daily net assets of the Fund as set forth on Schedule A attached hereto and incorporated by this reference.

  • Termination Waiver and Amendment 40 7.1 TERMINATION...................................................40 7.2

  • Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).

  • Intent to Limit Charges to Maximum Lawful Rate In no event shall the interest rate or rates payable under this Agreement, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrower and the Lender Group, in executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner of payment stated within it; provided, however, that, anything contained herein to the contrary notwithstanding, if said rate or rates of interest or manner of payment exceeds the maximum allowable under applicable law, then, ipso facto, as of the date of this Agreement, Borrower is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Borrower in excess of such legal maximum, whenever received, shall be applied to reduce the principal balance of the Obligations to the extent of such excess.

  • Repayment of Identified Overpayments Progenity shall repay within 60 days the Overpayment(s) identified by the IRO in the Claims Review Sample, in accordance with the requirements of 42 U.S.C. § 1320a-7k(d) and any applicable regulations or Centers for Medicare and Medicaid Services (CMS) guidance (the “CMS overpayment rule”). If Progenity determines that the CMS overpayment rule requires that an extrapolated Overpayment be repaid, Progenity shall repay that amount at the mean point estimate as calculated by the IRO. Progenity shall make available to OIG all documentation that reflects the refund of the Overpayment(s) to the payor. OIG, in its sole discretion, may refer the findings of the Claims Review Sample (and any related work papers) received from Progenity to the appropriate Medicare or state Medicaid program contractor for appropriate follow up by the payor.

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