Refund Claim Clause Samples
Refund Claim. If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, contact DEXSTA at ▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. You must contact the Credit Union within forty (40) calendar days of the date the Credit Union mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. The Credit Union may extend the time period as deemed necessary. The claim must include:
i. A description of why you have suffered a loss (i.e. you think the amount withdrawn was incorrect);
ii. An estimate of the amount of your loss;
iii. An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
iv. A copy of the substitute check and/or identifying information (i.e. the check number, name of the person to whom the check was written, the amount of the check, etc.) to help the Credit Union identify the substitute check.
Refund Claim. 3.1 As soon as reasonably practicable after the Stay is entered pursuant to Section 2, and no later than seventy (70) days after such Stay is entered, Sephora, with Plaintiff’s input as detailed in this Paragraph 3.1, will file a tax refund claim with MDOR (the “Refund Claim”) seeking a refund of the amount of tax charged on each Qualifying Purchase that may have been in excess of the Vendor’s Use Tax Amount for that Qualifying Purchase (the “Potential Tax Overcharges”).
3.1.1 Sephora will file with the Refund Claim a cover letter explaining that the refund is being sought pursuant to this Settlement Agreement with the intention of using the Refund Amount to fund the settlement to the Persons who are Settlement Class Members pursuant to this Agreement, and referring MDOR to Class Counsel’s letter (described below).
3.1.2 Class Counsel will draft a letter that articulates Class Counsel’s arguments for why vendor’s use tax was owed by the purchasers on the Qualifying Purchases and why, accordingly, MDOR should refund the Potential Tax Overcharges. Sephora will file the letter with the Refund Claim.
3.1.3 Sephora will file with the Refund Claim a request that MDOR include Class Counsel on all written correspondence relating to the Refund Claim and that MDOR permit Class Counsel to participate in any real-time correspondence with MDOR relating to the Refund Claim, such as meetings, telephone calls, and videoconferences.
3.1.4 Sephora will file the Refund Claim and all associated documentation with MDOR via in-person hand delivery in Jefferson City. On the same date as this in-person filing, Class Counsel may contact MDOR and request to schedule a meeting with appropriate MDOR management, which may include representatives from the Director’s Office, the General Counsel’s Office and the Division of Taxation, to discuss this Action, the Refund Claim, this Settlement Agreement, Class Counsel’s arguments in support of the Refund Claim, and the Parties’ intent to use the Refund Amount to fund a settlement with the Persons who are Settlement Class Members pursuant to this Agreement. Sephora’s Counsel will be entitled to participate in the meeting, and Class Counsel will schedule the meeting for a date and time when Sephora’s Counsel are available.
Refund Claim. If, in the reasonable opinion of the Borrower, any amount has been paid pursuant to subsection (a) of this Section or Section 11.01 with respect to Taxes or Other Taxes which are not correctly or legally asserted, then if and to the extent the Lender, in its sole discretion, considers it reasonable to do so, the Lender will cooperate with the Borrower (such cooperation to be without expense or liability to the Lender) in seeking to obtain a refund of such amount; provided, that, the Lender shall not be required to cooperate in seeking to obtain a refund unless (i) if the Lender requests in writing, the Borrower has delivered to such Lender an opinion of independent tax counsel selected by the Borrower and reasonably acceptable to the Lender to the effect that there is a reasonable possibility of success, (ii) the Lender has received from the Borrower satisfactory indemnification for any liability, loss, cost or expense arising out of relating to the effort to obtain such refund, and (iii) the Borrower shall have indemnified the Lender for the payment of such Taxes or Other Taxes pursuant to subsection (a) or Section 11.01 or shall have made the Lender whole and "grossed up" the Lender pursuant to subsection (a) of this Section or Section 11.01 with respect to Taxes or Other Taxes. The Lender will promptly (within 45 days) notify the Borrower of the assertion of any liability by any taxing authority with respect to Taxes or Other Taxes and any payment by the Lender of such Taxes or Other Taxes; provided that the failure to give such notice shall not relieve the Borrower of its obligations hereunder to make indemnification for any such liability except to the extent that the Borrower has been prejudiced by such failure and except that the Borrower shall not be liable for penalties or interest accruing after such 45 day period until such time as it receives the notice contemplated above, after which time it shall be liable for interest and penalties accruing after such receipt.
Refund Claim. 21 Schedule 14D-9..............................................................2 SEC.........................................................................2