Double Recovery definition

Double Recovery means (1) any Third-Party Reimbursement of any of the money being paid by the United States pursuant to this Consent Decree, and/or (2) any compensation of any kind for costs incurred or to be incurred by Dow in connection with, or Natural Resource Damages resulting from, any release or threatened release of a hazardous substance or any discharge of oil at or from the Midland Facility (other than the money being paid pursuant to this Consent Decree), paid by the United States to Dow or “Affiliated Contractors,” as defined in Subparagraph38.g, including, but not limited to, direct payments, Federal Contract payments or credits, and the compromise of any claims, causes of action, suits, or demands of any kind whatsoever in law or in equity for such response costs or Natural Resource Damages, whether asserted against the United States or other persons or entities.
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Double Recovery means the recovery or receipt by a party of any reimbursement or compensation for any particular Loss, or recovery upon any particular claim, in respect of any particular set of facts, events, conditions or circumstances to the extent such party has already recovered or received the full value of any such reimbursement or compensation for such particular Loss, or recovery upon such particular claim, in respect of such particular set of facts, events, conditions or circumstances.
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Double Recovery means: any compensation of any kind (including but not limited to, any direct payments, Federal Contract payments or credits, and the compromise of any claims, causes of action, suits, or demands of any kind whatsoever in law or equity for Resolved Costs asserted against the United States) for Resolved Costs provided by the United States to SD or its Affiliated Contractors, other than the payment by the United States, on behalf of the SFA, pursuant paragraph 36.a of this Consent Decree.
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Examples of Double Recovery in a sentence

  • Any such dispute shall not affect the obligation of either party to pay a Franchise Payment notified in accordance with this Schedule 8.A. No Double Recovery Neither Party shall be entitled to recover (by way of an adjustment to Franchise Payments or otherwise) more than once in respect of the same amount.

  • If a Double‌Recovery is received from the United States pursuant to a Federal Contract, Dow shall notify the cognizant Contracting Officer for that Federal Contract in writing within thirty (30) Days after discovery of such receipt, and reimburse the United States by transmitting a sum equal to the amount of the Double Recovery in accordance with written instructions provided by the cognizant Contracting Officer.

  • In the event that Dow or an “Affiliated Contractor” as defined below in this Subparagraph38.g receives a Double Recovery, within ninety (90) Days after such receipt, Dow shall repay the United States dollar-for-dollar in the amount of the Double Recovery.

  • Except as set forth in Subparagraph38.b, below, based upon its knowledge and belief and subject to the penalties of the False Claims Act, 31U.S.C. § 3729 et seq., and other applicable law, Dow hereby warrants that it has not sought or received, and shall not in the future seek or receive, any Double Recovery.

  • Any indemnities granted by the Institution (whether in the circumstances contemplated in Section 14.2.2 or Section 14.2.4) must be subject to the limitations discussed in Part C:9 ( General Obligations: Indemnities and Claims for Damages) and Part C:10 (General Obligations: Double Recovery and Mitigation).

  • If an individual plaintiff alerts Settling Defendants during the litigation in discovery or otherwise, that he or she is making a claim for Double Recovery – Discount Claimed, notice shall be given immediately by SDG&E to that individual's Settling Plaintiff.

  • Opinion No. 511-C Correctly Held That A Double Recovery Results from Permitting An Income Tax Allowance For SFPP 8.

  • From Double Shock to Double Recovery –Implications and Options for Health Financing in the Time of COVID-19.

  • Energy Division shall include their analysis of this matter and any recommendation for final revisions to the Framework in their post-Pilot report.4.1. Double Recovery IssueORA argues that D.16-12-036 should not establish a model where funds may be recovered twice, once from a prior general rate case and again from tracked contract costs and administrative costs for the Pilot projects.

  • Section 10.1 Conflicting Agreements 28 Section 10.2 Termination 28 Section 10.3 Interest on Late Payments 28 Section 10.4 Specific Performance 28 Section 10.5 Successors 29 Section 10.6 Application to Present and Future Subsidiaries 29 Section 10.7 Assignability 29 Section 10.8 No Fiduciary Relationship 29 Section 10.9 No Duplication; No Double Recovery.

Related to Double Recovery

  • Cost recovery means collection, upon approval by the commission pursuant to its authority under section4909.15 of the Revised Code, of such documented EDU interconnection costs that are incurred at reasonable levels for prudent purposes and that are over and above the review processing fees set forth in rules 4901:1-22-06 to 4901:1-22-08 of the Administrative Code.

  • S&P Recovery Rate With respect to a Collateral Obligation, the recovery rate set forth in Section 1 of Schedule 4 using the Initial Rating of the most senior Class of Secured Notes Outstanding at the time of determination.

  • Non-PO Recovery As to any Distribution Date and Loan Group, the amount of all Recoveries received with respect to such Loan Group during the calendar month preceding the month of such Distribution Date less the PO Recovery with respect to such Loan Group for such Distribution Date.

  • At-home recovery visit means the period of a visit required to provide at home recovery care, without limit on the duration of the visit, except each consecutive four (4) hours in a twenty-four-hour period of services provided by a care provider is one visit.

  • Net Recovery Any proceeds received by a Servicer on a delinquent or Charged Off Loan (including any Liquidation Proceeds received on a Charged Off Loan), net of any Servicing Fee, Ancillary Income and any other related expenses.

  • Collection Action means any of the following:

  • Subsequent Recovery Any amount recovered by a Servicer or the Master Servicer with respect to a Liquidated Mortgage Loan with respect to which a Realized Loss was incurred after the liquidation or disposition of such Mortgage Loan.

  • Postpartum recovery means (a) the entire period a woman or

  • Resource recovery means the recovery of material or energy from solid waste.

  • Projected Recovery Amount The fair value of the estimated amount of subsequent recoveries, determined by Freddie Mac on the Termination Date, at its sole discretion, on the Credit Event Reference Obligations.

  • Principal Recovery Amount With respect to each Payment Date, the sum of: (a) the aggregate amount of Credit Event Net Losses for all Reversed Credit Event Reference Obligations for the related Reporting Period; (b) subsequent recoveries on any Reference Obligation that became a Credit Event Reference Obligation on a prior Payment Date; (c) the aggregate amount of the Credit Event Net Gains of all Credit Event Reference Obligations for the related Reporting Period; (d) the Origination Rep and Warranty/Servicing Breach Settlement Amount for such Payment Date; and (e) the Projected Recovery Amount.

  • Moody’s Recovery Rate With respect to any Collateral Obligation, as of any date of determination, the recovery rate determined in accordance with the following, in the following order of priority:

  • Subsequent Recoveries As to any Distribution Date, with respect to a Liquidated Mortgage Loan that resulted in a Realized Loss in a prior calendar month, unexpected amounts received by the Master Servicer (net of any related expenses permitted to be reimbursed pursuant to Section 3.08) specifically related to such Liquidated Mortgage Loan.

  • Resource Substitution Charge means a charge assessed on Capacity Market Buyers in an Incremental Auction to recover the cost of replacement Capacity Resources.

  • Costs of Collection Includes, without limitation, all reasonable attorneys’ fees and reasonable out-of-pocket expenses incurred by any Agent’s attorneys, and all reasonable out-of-pocket costs incurred by any Agent in the administration of the Liabilities and/or the Loan Documents, including, without limitation, reasonable costs and expenses associated with travel on behalf of any Agent, where such costs and expenses are directly or indirectly related to or in respect of any Agent’s: administration and management of the Liabilities; negotiation, documentation, and amendment of any Loan Document; or efforts to preserve, protect, collect, or enforce the Collateral, the Liabilities, and/or the Agents’ Rights and Remedies and/or any of the rights and remedies of any Agent against or in respect of any guarantor or other person liable in respect of the Liabilities (whether or not suit is instituted in connection with such efforts). “Costs of Collection” also includes the reasonable fees and expenses of Lenders’ Special Counsel. The Costs of Collection are Liabilities, and at the Administrative Agent’s option may bear interest at the then effective Base Margin Rate.

  • financial recovery plan means a plan prepared in terms of section 141 of the MFMA

  • Net Recoveries means gross Recoveries during any Calendar Quarter minus Reimbursable Expenses during such Calendar Quarter.

  • Resource recovery facility means a solid waste facility

  • Disaster Recovery shall be defined as the installation and storage of Product in ready-to-execute, back-up computer systems prior to disaster or breakdown which is not used for active production or development.

  • Shared-Loss Assets means Shared-Loss Loans, Other Real Estate purchased by the Assuming Institution, Additional ORE, Shared-Loss Subsidiaries, and Capitalized Expenditures, but does not include Shared-Loss Securities.

  • Medicare Levy Surcharge means an extra charge payable by high income earners beyond the standard Medicare Levy if they do not have qualifying private hospital insurance coverage. This charge is assessed as part of an individual or family’s annual tax return.

  • Recovery Amount means, with respect to any period prior to the Termination Date, the amount of collected funds received by the Assuming Institution that (i) are applicable against a Foreclosure Loss calculated in accordance with Exhibits 2c(1)-(3), or (iii) gains realized from a Section 4.1 sale of Single Family Shared-Loss Loans for which the Assuming Institution has previously received a Restructuring Loss payment from the Receiver (iv) or any incentive payments from national programs paid to an investor or borrower on loans that have been modified or otherwise treated (short sale or foreclosure) in accordance with Exhibit 5.

  • Loss Absorbing Instrument means, at any time, any Additional Tier 1 Capital instrument (other than the Notes) issued directly or indirectly by the Issuer which contains provisions pursuant to which all or part of its principal amount may be written-down (whether on a permanent or temporary basis) or may otherwise absorb losses (in each case in accordance with its terms) on the occurrence, or as a result, of a trigger event set by reference to the Group CET1 Ratio;

  • Energy recovery means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyrolisation, anaerobic digestion and landfill gas recovery ;