Common use of Refund Claim Clause in Contracts

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.