Withholding Payment Due to Invoice Dispute Sample Clauses

Withholding Payment Due to Invoice Dispute. In the event AGENCY disputes a charge detailed in an invoice pursuant to Sections 1 (c) and (g) and Section 3 (a) (ii) and (iii), and Amtrak cannot provide a reasonable explanation of said charge, AGENCY shall have the right to withhold the amount in dispute as specified herein and shall be required to pay the remainder of the invoice. AGENCY shall advise Amtrak of the amount of disputed charges to be withheld, detail reasons for the withholding, and the actions that AGENCY considers necessary to resolve the disputed invoice amount. AGENCY shall notify Amtrak in writing of its intention to withhold the payment of an invoice amount. Once resolution of the disputed invoice amount is achieved between AGENCY and Amtrak, the notice to withhold will either be withheld, withdraw, or modified and the portion of the disputed invoice will be remitted accordingly. Should resolution of the disputed invoice amount not be achieved through negotiation or the provisions of Section 10 of the RMTA, the withheld amount will be paid under protest after three (3) calendar months of withholding. Such payment shall not be considered as resolution of the dispute and the process outlined in Section 10 of the RMTA shall be carried to its conclusion. Should the resolution of the dispute result in a refund to AGENCY, said refund shall be applied as a credit to the next monthly payment, and shall be expressly accounted for therein. Should resolution of the dispute result in a remittance or payment to Amtrak, said payment will be made to Amtrak and shall be expressly accounted for therein. With AGENCY assuming the risk of fuel costs and host railroad access fee payments, any revenue above base shall be used as directed payments to offset any additional cost for fuel and/or host railroad access fee payments that exceed their respective budgets. The balance of any remaining revenue above base that have not been used to cover fuel and/or host railroad access fee payments that exceed their respective budgets, will remain with Amtrak. TRAIN(S)Reinvestment Program (CCRP). The CCRP will be funded both directly by AGENCY and through the access fee and fuel credits described in Section 4(b). Funds from the CCRP will be used for the following: to reimburse Amtrak for minor capital projects requested by the AGENCY in accordance with Section 1(g);
Sample 1
AutoNDA by SimpleDocs

Related to Withholding Payment Due to Invoice Dispute

  • Payment Terms – Payment in Arrears A. Invoices are to be submitted in arrears to the user agency/department to the ship- to address, unless otherwise directed in this CONTRACT. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the CONTRACTOR.

  • Payment on Early Termination Upon termination pursuant to Section 14 (Early Termination), District shall pay Contractor as follows:

  • Reimbursable Expenses; Maximum Total Payment; Invoicing District will make no payment until this Contract is fully executed by the authorized representatives of both parties.

  • Refund or Payment upon Termination If this Agreement is terminated by You in accordance with Section 12.3 (Termination), We will refund You any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If this Agreement is terminated by Us in accordance with Section 12.3, You will pay any unpaid fees covering the remainder of the term of all Order Forms. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.

  • Payments on Early Termination For the purpose of Section 6(e) of this Agreement:

  • The OCN, From XXX, and Invoice Number will control the invoice sequencing The From XXX will be used to identify to <<customer_name>> which BellSouth XXX is sending the message. BellSouth and <<customer_name>> will use the invoice sequencing to control data exchange. BellSouth will be notified of sequence failures identified by <<customer_name>> and resend the data as appropriate. THE DATA WILL BE PACKED USING ATIS EMI RECORDS.

  • Salary Determination 12.5.1 A unit member shall receive a salary not less than the minimum salary nor more than the maximum salary (Articles 12.3 and 12.4) for the rank to which appointed, except as provided in Articles 4.15, 5.6, 10.6.1 or Article 10.6.1.1. The effective dates for salaries shall be the appropriate dates specified in Article 12.2.2.

  • Penalty Determination H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because IIT sold, supplied, offered for sale, consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties for selling uncertified charcoal lighter material in California. In this case, the total penalty is $7,500 for selling uncertified charcoal lighter material in California. The penalty in this case was reduced because this was a strict liability first-time violation and IIT made diligent efforts to cooperate with the investigation. To come into compliance, IIT no longer offers Safegel BBQ & Fireplace Lighting Gel Fire Starter for commerce in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by IIT that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and IIT that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against IIT, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that IIT may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the violations was not practicable.

  • Payment Calculation District shall pay Contractor at a rate of $ per . OR District shall pay Contractor as described in attached Exhibit A

  • PAYMENT, INVOICING, AUDIT AND TAXES 4.1 All prices are exclusive of VAT or similar taxes and will be in the official currency of the country where the Accenture entity in the Agreement is located.

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