Underreporting Sample Clauses

Underreporting. If an examination or audit reveals that Franchisee has made underpayments to Franchisor, Franchisee will promptly pay Franchisor on demand the amount underpaid plus interest under Section 3.7. If an examination or audit finds that Franchisee has understated payments due Franchisor by 5% or more for the relevant period, or if the examination or audit reveals that the accounting procedures are insufficient to determine the accuracy of the calculation of payments due, Franchisee will reimburse Franchisor for all costs relating to the examination or audit (including reasonable accounting and legal fees). If the examination or audit establishes a pattern of underreporting, Franchisor may require that the annual financial reports due under Section 13.3.B be audited by an independent accounting firm consented to by Franchisor. The rights of Franchisor in this Section 13.4 are in addition to any other remedies that Franchisor may have, including the right to terminate this Agreement.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Underreporting. If any audit reveals that Gross Sales were under-reported by more than three percent (3%) of the total Gross Sales reported by Licensee, then Licensee shall reimburse Sears for all reasonable costs incurred in performing such audit, as well as the Sears Fees on the unreported Gross Sales discovered by the audit. If an audit of at least twenty (20) Designated Sears Stores reveals that Gross Sales were under-reported by more than three (3%) percent of the total Gross Sales reported by Licensee, Licensee shall then, at its cost, conduct an additional audit with a nationally representative sample; in the event such additional audit reveals further under-reported Gross Sales, Licensee shall then, at its option: (a) pay (i) Sears Fees on all estimated unreported Gross Sales for each year, as calculated by annualizing the rate by which Gross Sales were under-reported in the audit sample and (ii) an administrative fee which shall be calculated by multiplying the annualized underpaid Sears Fees by the percent of under-reported Gross Sales; or (b) pay (i) for a complete audit by Sears or its designee of Licensee's books and records relating to Gross Sales for the audit sample year and any other years under this Agreement, (ii) Sears Fees on all actual unreported Gross Sales as revealed through such audit and (iii) an administrative fee for each year audited, which will be calculated by multiplying the amount of unpaid Sears Fees for such year by the percentage by which Gross Sales were under-reported in such year. If an audit reveals under-reported Gross Sales, Licensee's sales shall be subject to a subsequent audit (at Licensee's expense) approximately one year after the initial audit. If the subsequent audit reveals that Gross Sales were under-reported by more than three percent (3%) of reported Gross Sales, Licensee shall pay Sears Fees on such Gross Sales as per the above except that, due to the increased expenses incurred by Sears in continuing monitoring of Licensee's future sales reports, the administrative fee shall be doubled. All under-reported sales equal to or less than three percent (3%) of reported Gross Sales shall be reimbursed to Sears, as appropriate, based on the actual amounts of such under-reports. Further, Sears may also collect from Licensee interest on all unpaid Sears Fees for the period from the close of the year in which the corresponding sales were made until the date of payment of such Sears Fees. Interest shall be at the rate of prime (...
Sample 1See All (4)
Underreporting. (a) Should Vendor have underreported to Nasdaq as UTP Plan Administrator the number of Interrogation Devices receiving the Information, Vendor shall pay to Nasdaq within fifteen (15) days after such underreporting is discovered the fees and applicable interest due relative to such underreporting. Further, if such underreporting is equal to or greater than three percent (3%) of the reported number of Interrogation Devices for any audited or unaudited period referred to in Section 4.09, Vendor shall, upon request by Nasdaq, in addition to remitting the fees and applicable interest due relative to such underreporting, within fifteen (15) days of invoice from Nasdaq, reimburse Nasdaq for any audit, legal or administrative costs and expenses incurred to detect and rectify such underreporting, provided, however, that such costs and expenses are incurred in good faith and are not unreasonable given the amount of work necessary to detect and determine the extent of such underreporting and the actual amount of underreporting detected. (b) Nasdaq agrees that Vendor's liability pursuant to Section 4.08 and Section 4.09 for underreporting the number of Subscribers or Interrogation Devices receiving the Information shall be limited to unpaid Subscriber fees, together with interest, for months ended within the three (3) years preceding the date Vendor, Vendor's auditors or Nasdaq first know that such underreporting has occurred, if such underreporting is solely the result of a good faith error by Vendor.
Sample 1
Underreporting. During the first five months of the study, we found only one case of uterine rupture and two cases of eclampsia that were not reported to XXXXxX, underreporting being estimated at 2 and 3%, respectively. Underreporting of MOH to the XXXXxX study appeared to be 35% (range 0-83%) in a large representative sample. Cases not reported to our survey appeared to be mainly the relatively less severe cases of MOH, with 68% of unreported cases being transfused only 4 units of blood. Taking into account this degree of underreporting, the overall incidence of MOH in the Netherlands would be 5.8 per 1000 deliveries. Controlling for underreporting of ICU admission on a national level appeared unfeasible. Table 7. Substandard care items and their contribution* n %† Delay in consulting doctor 30 3.6 Refusal of medical help or advise 15 1.8 Language barrier 10 1.2 Inadequate antenatal care 44 5.3 Delay in recognition of symptoms/signs 58 7.0 Delay in referral to obstetrician 62 7.5 Inadequate antenatal care 70 8.5 Delay in recognition of symptoms/signs 146 17.7 Delay in treatment after diagnosis 200 24.2 Delay in referral to tertiary care centre 25 3.0 Delay in consulting obstetrician 5 0.6 Home birth influenced outcome 19 2.3 Birth in general hospital influenced outcome 40 4.8 Quality of transport influenced outcome 25 3.0 During seven audit sessions throughout the country, substandard care was judged to be present by the majority of assessors in 39 (62%) of 63 cases (Table 7).
Sample 1Sample 2
Underreporting. If an examination or audit reveals that Xxxxxx has made underpayments to Marriott, Xxxxxx will promptly pay Marriott on demand the amount underpaid plus interest under Section 4.
Sample 1
Underreporting. In view of the significant underreporting of maternal deaths to the Maternal Mortality Committee, we spent much effort in assessing the degree of underreporting to XXXXxX.28 Rates of underreporting found for the different categories of SAMM are shown in table 3. There was no source available for assessment of the underreporting of ICU admission. For uterine rupture and eclampsia, underreporting appeared to be very low as compared to the Dutch Perinatal Database (LVR-2).29 For MOH, underreporting appeared to be 35% in a large national survey among blood transfusion laboratories. However, sub- analysis revealed that the majority of cases not reported to XXXXxX concerned relatively mild cases of MOH. Only three very severe cases (>10 units of red blood cells) were found to be not reported to XXXXxX, and no underreporting of hysterectomy or arterial embolisation was noted.
Sample 1

Related to Underreporting

  • Underpayment In the event of a change which results in an underpayment to an employee, the employee shall be properly compensated on or before the next possible paycheck following discovery of the error. Upon request, the District shall provide the employee with specific written explanation for the underpayment through the Payroll Contact Person at the employee’s location.

  • Overcharging (a) Where you have been overcharged by less than $50, and you have already paid the overcharged amount, we must credit that amount to your next bill. (b) Where you have been overcharged by $50 or more, we must inform you within 10 business days of our becoming aware of the overcharge and, if you have already paid that amount, we must credit that amount to your next bill. However, if you request otherwise, we will comply with that request. (c) If you have stopped buying energy from us, we will use our best endeavours to pay the overcharged amount to you within 10 business days. (d) If you have been overcharged as a result of your own fault or unlawful act or omission, we may limit the amount we credit or pay you to the amount you were overcharged in the last 12 months.

  • Underpayments (a) In the event the employee does not receive the wages or benefits to which the record/documentation has for all times indicated the Employer agreed the employee was entitled, the Agency shall notify the employee in writing of the underpayment. This notification will include information showing that an underpayment exists and the amount of wages and/or benefits to be repaid. The Agency shall correct any such underpayment made within a maximum of two (2) years before the modification. (b) This provision shall not apply to claims disputing eligibility for payments which result from this Agreement. Employees claiming eligibility for such things as leadwork, work out of classification pay or reclassification must pursue those claims pursuant to the timelines elsewhere in this Agreement.

  • Periodic Reporting (a) The Company will promptly deliver to each Blackstone Entity when available one copy of each annual report on Form 10-K and quarterly report on Form 10-Q of the Company, as filed with the SEC. In the event the Company is not required to file an annual report on Form 10-K or quarterly report on Form 10-Q, the Company may, in lieu of the requirements of the preceding sentence, deliver, or cause to be delivered, the following to each Blackstone Entity: (i) as soon as available, but not later than ninety (90) days after the end of each fiscal year of the Company, a copy of the audited consolidated balance sheet of the Company and its Subsidiaries as of the end of such fiscal year and the related statements of operations and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous year, all in reasonable detail; (ii) commencing with the fiscal period ending after September 30, 2010, as soon as available, but in any event not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year, the unaudited consolidated balance sheet of the Company and its Subsidiaries, and the related statements of operations and cash flows for such quarter and for the period commencing on the first day of the fiscal year and ending on the last day of such quarter; (b) The Company shall deliver or cause to be delivered to each Blackstone Entity: (i) to the extent otherwise prepared by the Company, operating and capital expenditure budgets and periodic information packages relating to the operations and cash flows of the Company and its Subsidiaries; and (ii) such other reports and information as may be reasonably requested by any Blackstone Entity; provided, however, that the Company shall not be required to disclose any privileged information of the Company so long as the Company has used its best efforts to enter into an arrangement pursuant to which it may provide such information to the Blackstone Entities without the loss of any such privilege.

  • Diversity Reporting Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract.

  • Undercharging (a) If we have undercharged you, we may recover the undercharged amount from you. If we recover an undercharged amount from you: (i) we will not charge interest on the undercharged amount; and (ii) we will offer you time to pay the undercharged amount in instalments over the same period of time during which you were undercharged (if less than 12 months), or otherwise over 12 months. (b) The maximum amount we can recover from you is limited to the amount that has been undercharged in the 9 months immediately before we notify you, unless the undercharge is your fault, or results from your unlawful act or omission.

  • Reporting At least annually and more frequently as mutually agreed between the parties, the Delegate shall provide to the Board written reports specifying placement of the Fund's Assets with each Eligible Foreign Custodian selected by the Delegate pursuant to Section 3 of this Delegation Schedule and shall promptly report on any material changes to such foreign custody arrangements. Delegate will prepare such a report with respect to any Eligible Foreign Custodian that the Delegate has been instructed to use pursuant to Section 7 of this Delegation Schedule only to the extent specifically agreed with respect to the particular situation.

  • Overcharges Vendor hereby assigns to DIR any and all of its claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1, et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. and Comm. Code Section 15.01, et seq.

  • Other Reporting Upon request, the School shall provide the Commission any other information determined by the Commission to be relevant to any term or condition of this Contract.

  • Adverse Event Reporting Both Parties acknowledge the obligation to comply with the Protocol and / or applicable regulations governing the collection and reporting of adverse events of which they may become aware during the course of the Clinical Trial. Both Parties agree to fulfil and ensure that their Agents fulfil regulatory requirements with respect to the reporting of adverse events.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!