Provisional Payment. Credit given by us to you with respect to an ACH credit or wholesale (wire) funds transfer entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to your Account in connection with such entry, and the party (the originator of the entry) making payment to you via such entry shall not be deemed to have paid you the amount of such entry.
Provisional Payment. Credit we give you with respect to an ACH credit entry is provisional until we receive the final settlement for that entry through a Federal Reserve Bank. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and that we may exercise our option to reverse the credit or require that you reimburse us by way of direct payment.
Provisional Payment. You represent to the Bank and agree that it shall be bound by the provision of the Rules making or receiving payment of an Entry by the RDFI to or from a Receiver provisional until receipt by the RDFI of final settlement for such Entry, and specifically acknowledges that it has received notice of that Rule and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and you shall not be deemed to have paid or been paid by the Receiver the amount of the Entry.
Provisional Payment. We may in our sole discretion give you a credit for automated clearing house (ACH) payments or wire transfers before we receive final settlement of the funds transfer. We reserve the right to reject any such payment or transfer without liability to you. Any such credit is provisional until we receive final settlement. If we do not receive such settlement, we are entitled to a refund from you in the amount provisionally credited.
Provisional Payment. All non-cash items credited to this account shall be credited conditionally, subject to final payment, and such items may be charged back, at any time, until the proceeds thereof in money (U.S. Dollars) have been actually received by the Credit Union. The Credit Union has the right to decline payment or to delay payment of any share draft drawn against such credits. The Credit Union shall not be obligated to notify You that a non-cash item has been dishonored or otherwise not been collected. Any amount not collected may be charged back to the account, including any expense incurred in the collection of a deposited item. If You do not comply with the terms of this Agreement and We refer the matter to an attorney, You agree to pay any court costs and a reasonable attorney’s fee. Credit given by Us to You with respect to an automated clearing house credit entry is provisional until We receive final settlement for such entry through a Federal Reserve Bank. If We do not receive such final settlement, You are hereby notified and agree that We are entitled to a refund of the amount credited to You in connection with such entry, and the party making payment to You via such entry shall be deemed to have not paid You in the amount of such entry. Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving Your account, We are not required to give next day notice to You of receipt of an ACH item and We will not do so. However, We will continue to notify You of the receipt of payments in the periodic statements We provide to You. We may accept on Your behalf payments to Your account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act and Your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Alabama as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving Your account. ACCOUNT STATEMENTS. You will be sent a periodic statement of all transactions and activity on the account during the statement period. You are responsible for examining each statement and reporting any irregularities to the Credit Union. You agree that Your monthly account statement provides information sufficient to allow You to identify the items paid for purposes of §7-4-406(a) Code of A...
Provisional Payment. Credit given by the Credit Union to you with respect to an auto- mated clearing house (ACH) credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you the amount in the entry. Notice of Receipt of Entry: Under the operating rules of the National Automated Clear- ing House Association, which are applicable to ACH transactions involving your account, we are not required to give next-day notice to you of receipt of an ACH item and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statement we provide to you. Choice of Law: We may accept payments to your account on your behalf, which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be considered in accordance with, and governed by the laws of the state of Colorado, unless it has otherwise been specified in a separate agree- ment that the law of some other state shall govern. ACCOUNT RATES AND FEES We pay dividends/interest and assess fees against your account as set forth in the Rate and Fee Schedule. We may change the Rate and Fee schedule at any time and will notify you as required by law.
Provisional Payment. Any credit Credit Union gives to Company for a Wire transfer is provisional until Credit Union receives final payment for the amount of the Wire Transfer. If Credit Union does not receive final payment for the Wire Transfer, Company agrees to refund to Credit Union the amount of the transfer.
Provisional Payment. Payment of an Entry by the Beneficiary/Receiver’s bank to the Beneficiary/Receiver will be provisional until receipt by the Beneficiary/Receiver’s bank of final settlement for such Entry. You specifically acknowledge that you have received notice of such settlement rule and the fact that, if any such settlement were not received, the Beneficiary/Receiver’s bank would be entitled to a refund from the Receiver/Beneficiary of the amount credited, and you would not be deemed to have paid the Receiver/Beneficiary the amount of the Entry.
Provisional Payment. 9.1.1 Provisional payment shall be made against documentation proving release at the Refinery (details to be agreed): Holding and Title Certificate issued to Buyer’s order Provisional commercial invoice Truck or railway bills of lading Original provisional Seller’s weight certificates original Seller’s provisional assay certificates indicating all the metals contents and approved by buyer on a lot by lot basis; – original certificate of origin issued by the Seller; – packing lists issued by the Seller. – Any other required documents for the safe domestic and international transport and handling of the material Buyer reserves the right to conduct an independent Third party assay on the material prior to payment Payments to be provided in line with clause 3.4 of this Agreement. The detailed conditions of such payments are to be mutually agreed. Payments shall be made net of the Transaction Costs and the marketing fee.
Provisional Payment. Supplier shall provide Coffeyville with invoices (which may be transmitted electronically) for the daily volumes of Crude Oil delivered or expected to be delivered on each of the Flow Dates listed on Exhibit H hereto. For purposes hereof, a Flow Date shall refer to the twenty four (24) hour period ending at 8:00 a.m. CPT on the calendar day immediately following such Flow Date (e.g., the Flow Date for January 2, 2006 is the 24 hour period starting at 8:00 a.m. CPT on January 2, 2006 and ending at 8:00 a.m. CPT on January 3, 2006). Each Flow Date that is designated on Exhibit H with an asterisk (*) shall be a “Prepaid Flow Date.” Each Flow Date that is not a Prepaid Flow Date shall be a “Delivered Flow Date.” By 12:00 noon CPT on each Business Day, Coffeyville shall provide Supplier with the volume of Crude Oil that was metered at the Delivery Point for the twenty four (24) hour period ending at 8:00 a.m. CPT on that Business Day (as well as for the twenty four (24) hour period for any prior non-Business Days for which such information has not yet been provided to Supplier). On the Invoice Date (as indicated on Exhibit H) for each Delivered Flow Date, Supplier shall provide to Coffeyville an invoice for the Crude Oil volume delivered to Coffeyville on that Delivered Flow Date. On the Invoice Date (as indicated on Exhibit H) for each Prepaid Flow Date, Supplier shall provide to Coffeyville an invoice for the Crude Oil volume that is expected to be delivered to Coffeyville on that Prepaid Flow Date, based on the delivery quantities forecasted for that day in the relevant Monthly Delivery Schedule. Each invoice will detail the Supply Cost for such Crude Oil by reference to Crude Oil delivered by Counterparties, subject to adjustment (if applicable) pursuant to Article 10 below. Coffeyville shall pay each invoice by no later than 2:00 p.m. CPT on the Payment Date for the relevant Flow Date as indicated on Exhibit H. Should the term of this Agreement be extended as provided in Section 3.2, Supplier shall provide to Coffeyville, at least sixty (60) days prior to the beginning of each Extension Term, a revised Exhibit H, detailing the delivery, invoice and payment dates for the Extension Term, reflecting the 2-day payment terms described above. Coffeyville and Supplier shall review this revised Exhibit H and agree to any necessary modifications at least thirty (30) days prior to the beginning of any Extension Term. The Parties acknowledge that the intent of this p...
