Common use of Overcharges Clause in Contracts

Overcharges. If, as a result of any such an audit, Customer determines that Administrator overcharged it, Customer shall notify Administrator in writing of its determination, including the amount of the overcharge and the basis for its conclusion, and Administrator shall promptly pay to Customer the amount of the overcharge, plus interest at the rate of the prime rate published by The Wall Street Journal on the day after the day on which it receives such notice (but in no event to exceed the highest lawful rate of interest), calculated from the date of payment of the overcharged amount until the date of payment to Customer, unless such claim of overcharge is promptly (but in any event within thirty (30) days) disputed by Administrator in writing, in good faith.

Appears in 2 contracts

Samples: Master Services Agreement (Massachusetts Mutual Variable Annuity Separate Account 4), Master Services Agreement (Massachusetts Mutual Variable Annuity Separate Account 4)

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Overcharges. If, as a result of any such an audit, Customer determines that Administrator overcharged it, Customer shall notify Administrator in writing of its determination, including the amount of the overcharge and the basis for its conclusion, and Administrator shall promptly pay to Customer the reasonable out of pocket costs incurred by Customer with respect to the audit, the amount of the overcharge, plus interest at the rate of the prime rate published by The Wall Street Journal on the day after the day on which it receives such notice (but in no event to exceed the highest lawful rate of interest), calculated from the date of payment of the overcharged amount until the date of payment to Customer, unless such claim of overcharge is promptly (but in any event within thirty forty-five (3045) days) disputed by Administrator in writing, in good faith.

Appears in 1 contract

Samples: Master Services Agreement (Variable Account I of AGL of Delaware)

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Overcharges. If, as a result of any such an audit, Customer determines that Administrator overcharged it, Customer shall notify Administrator in writing of its determination, including the amount of the overcharge and the basis for its conclusion, and Administrator shall promptly pay to Customer the reasonable out of pocket costs incurred by Customer with respect to the audit, the amount of the overcharge, plus interest at the rate of the prime rate published by The Wall Street Journal THE WALL STREET JOURNAL on the day after the day on which it receives such notice (but in no event to exceed the highest lawful rate of interest), calculated from the date of payment of the overcharged amount until the date of payment to Customer, unless such claim of overcharge is promptly (but in any event within thirty forty-five (3045) days) disputed by Administrator in writing, in good faith.

Appears in 1 contract

Samples: Master Services Agreement (Variable Account I of AGL of Delaware)

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