Recall of Funds Sample Clauses

Recall of Funds. To the extent the Account Owner obtains a distribution or transfers funds from the Account in an amount that exceeds the amount to which the Account Owner would be entitled, including without limitation, as a result of NuView having credited amounts to the Account in error, NuView will request that the Account Owner return the amount to which he or she was not entitled. The Account Owner agrees that he or she will, within 30 days of such request, return such amount or submit documents or other evidence sufficient to demonstrate he or she did not obtain a distribution or transfer funds from the Account in excess of the amount to which the Account Owner was entitled. To the extent the Account Owner does not return such amount (or submit documents or evidence reasonably satisfactory to NuView), NuView may (i) remove funds from the Account or other accounts the Account Owner maintains with NuView (provided such account is not subject to the Employee Retirement Income Security Act of 1974, as amended, or section 4975 of the Internal Revenue Code of 1986, as amended) or (ii) submit a claim to arbitration to recover such amount. Notwithstanding any other part of this Agreement, the Account Owner agrees to pay NuView’s attorney’s fees and legal costs incurred in connection with the arbitration of such claim, obtaining a court judgment following such arbitration, and enforcing such judgment. These provisions shall survive termination of the Agreement.
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Recall of Funds. To the extent the Account Owner obtains a distribution or transfers funds from the Account in an amount that exceeds the amount to which the Account Owner would be entitled, including without limitation, as a result of NuView having credited amounts to the Account in error, NuView will request that the Account Owner return the amount to which he or she was not entitled. The Account Owner agrees that he or she will, within 30 days of such request, return such amount or submit documents or other evidence sufficient to demonstrate he or she did not obtain a distribution or transfer funds from the Account in excess of the amount to which the Account Owner was entitled. To the extent the Account Owner does not return such amount (or submit documents or evidence reasonably satisfactory to NuView), NuView may (i) remove funds from the Account or other accounts the Account Owner maintains with NuView (provided such account is not subject to the Employee Retirement Income Security Act of 1974, as amended, or section 4975 of the Internal Revenue Code of 1986, as amended) or (ii) submit a claim to arbitration to recover such amount. Notwithstanding any other part of this Agreement, the Account Owner agrees to pay NuView’s attorney’s fees and legal costs incurred in connection with the arbitration of such claim, obtaining a court judgment following such arbitration, and enforcing such judgment. These provisions shall survive termination of the Agreement. Important Information About Procedures for Opening a New Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for the Account Owner: When the Account Owner opens an account, NuView will ask for the Account Owner’s name, address, date of birth, and other information that will allow NuView to identify the Account Owner. NuView may also ask to see the Account Owner’s driver's license or other identifying documents. The Account Owner represents that any information he or she has given or will give NuView with respect to this Agreement is complete and accurate. Custodian (or Authorized Representative) Signature: Print Name: Date: Print Name: Date: Transfer Form Longwood, FL 32750 P: (000) 000-0000 | F: (000) 000-0000 E: xxxxxxxxx@xxxxxxxxx.xxx Use this form to transfer funds directly from your existing HSA to your NuView HSA.

Related to Recall of Funds

  • Allocation of Funds AMO will allocate and transfer Funds on the basis of the formula determined by Ontario.

  • Limitation of Funds In no case shall the Government’s financial liability exceed the amount obligated under this Agreement.

  • Source of Funds Each Purchaser severally represents that at least one of the following statements is an accurate representation as to each source of funds (a “Source”) to be used by such Purchaser to pay the purchase price of the Notes to be purchased by such Purchaser hereunder:

  • Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment.

  • Appropriation of Funds Lessee intends to continue each Schedule to which it is a party for the Schedule Term and to pay the Rent and other amounts due hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all Rent during the Schedule Term can be obtained. Lessee further intends to act in good faith to do those things reasonably and lawfully within its power to obtain and maintain funds from which the Rent may be paid. Notwithstanding the foregoing, in the event sufficient funds are not appropriated to continue the Schedule Term for any fiscal period (as set forth on the Schedule) of Lessee beyond the fiscal period first in effect at the commencement of the Schedule Term, Lessee may terminate the Schedule with regard to those of the Assets on the Schedule so affected. Lessee shall endeavor to provide Lessor with written notice sixty (60) days prior to the end of its current Fiscal Period confirming which Assets on the Schedule will be so affected by the termination. All obligations of Lessee to make Rent Payments due with respect to those Assets after the end of the Fiscal Period for which such termination applies will cease, all interests of Lessee in those Assets will terminate, Lessee shall surrender those Assets in accordance with Section 15 (“Option to Extend; Surrender of Assets”) of this MOLA, and the applicable Schedule shall be deemed amended. Lessee represents and warrants it has adequate funds to meet its obligations during the first fiscal period of the Schedule Term. Lessor and Lessee intend that the obligation of Lessee to make Rent Payments under this MOLA shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general revenues, funds or monies of Lessee or the State of Texas, as applicable, beyond the fiscal period for which sufficient funds have been appropriated to make Rent Payments hereunder.

  • Non-Appropriation of Funds This Contract is contingent upon the appropriation of sufficient funds by appropriate MPS officials. If funds are not appropriated, Contractor agrees to take back any commodities furnished under the Contract, terminate any services supplied to MPS under the Contract, and relieve MPS of any further obligations under the Contract.

  • Retention of Funds Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

  • Payment of Funds No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

  • Use of Funds Grantee shall expend funds under this Contract only for approved services and for reasonable and allowable expenses directly related to those services.

  • Escrow of Funds Subject to the terms and conditions of the Grant Agreement, OPWC will disburse to Escrow Agent Grant funds available to Recipient, which disbursement shall be made by a check sent to Escrow Agent via regular U.S. Mail, or by such other means determined by the Director in the Director’s sole discretion, prior to the closing date as scheduled under the Contract (the “Escrow Funds”). The Escrow Funds shall be held by Escrow Agent, together with any funds of Recipient made available prior to closing on the terms and conditions hereinafter set forth.

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