Improper Payment. (a) Improper payment means any pay- ment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, con- tractual, administrative, or other xx- xxxxx applicable requirements; and
Improper Payment. None of the officers, directors, employees and/or agents of any Borrower Person have offered, given, insisted on, received or solicited any illegal payment or illegal advantage to influence the action of any person with respect to any transaction contemplated by the Basic Agreements.
Improper Payment. Payment to a Participant for services not delivered, services incorrectly billed, or for which records are not available.
Improper Payment. No employee shall receive and no contractor shall pay more than the hourly wage rate, unless otherwise specified in this Agreement, regardless of whether the payment is issued by the contractor or any other person, firm or corporation. Any manner or method (such as: multiple checks, cash, equipment rental, bonuses, travel pay, subsistence, material purchase, subcontracting, or any subterfuge) with an intent to evade the proper payment of wages and fringe benefits shall be a violation of this Agreement. All payments as described above, shall be considered gross wages, and divided by the appropriate basic contract wage scale to determine the amount of contributions due and owing by the Employer under the contract. Nothing herein shall prohibit the contractor from paying a superior xxxxxxx at a rate in excess of the appropriate contractual wage level, but seven (7) days prior notification to Painters and Allied Trades District Council No. 36 must be made.
Improper Payment. The Borrower shall not offer, give, insist on, receive or solicit any illegal payment or improper advantage to influence the action of any person with respect to any transaction contemplated by the Finance Documents and the Borrower will ensure that any representative, public officer, public servant, agent, employee or affiliated entity of the Borrower comply with the foregoing.
Improper Payment. Any amount paid by the Company to the Junior Creditor in violation of any provision of this Agreement shall be received in trust by the Junior Creditor for the benefit of the Bank and shall, with or without demand, be immediately delivered by the Junior Creditor to the Bank in the same form in which received, with the addition only of such endorsements or assignments as may be necessary to perfect the title of the Bank to such payment. Such amounts may be applied by the Bank to any item of the Senior Obligations in such order as the Bank in its discretion shall determine or may be returned to the Company at the Bank's discretion. Upon the request of the Bank, the Company and the Junior Creditor will execute such documents and perform all such other acts as may reasonably be required to rescind premature performance of any Junior Obligation and to reestablish, to the maximum extent practical, the status quo prior to such premature performance.
Improper Payment. (a) To the reasonable knowledge of the Seller and the Guarantor, the Target Company has not paid or caused any other person to pay or give anything of significant value to or enter into any transaction with any Governmental Authority, governmental officials or officers of any enterprises, for purpose of influencing such persons in official positions in order to obtain or retain business or transfer any business to the Target Company or any other person.
Improper Payment. Any payment that is made in error or in an incorrect amount (including Overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; To an ineligible Recipient, For ineligible goods or services, For goods or services not received (except for such payments where authorized by law), That duplicates a payment, or That does not account for credit for applicable discounts. Incentive Arrangement – Any payment mechanism under which a CONTRACTOR may receive additional funds over and above the capitation rates it was paid for meeting targets specified in the contract.
Improper Payment. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability.
Improper Payment. (1) To the Transferor’s best knowledge, neither the Transferor nor the Target Company has committed any act or transaction as paying any money or providing gifts of significant value, whether directly or through another person, to any Government Authority, government official or corporate officer in order to influence such official or officer to obtain or retain business for, or directing business to the Target Company or any other Person, wherein such acts will constitute a crime or cause the Target Company to incur administrative or criminal liabilities.
