Results of Examination. If an employee after examination is found to be unable to perform the material and substantial duties of the position, then the employee may utilize accumulated unused sick leave or other leave benefits (including, but not limited to Worker’s Compensation, if eligible). Employees who have been determined by an examination to be unable to perform the material and substantial duties of their position may submit a report or results of an examination by a practitioner of the employee’s choosing with the cost borne by the employee or the employee's insurance if applicable. If the two examinations differ in their conclusions as to the employee’s ability to perform the material and substantial duties of the position then the attending examiners shall appoint a third neutral examiner to conduct an examination whose findings shall be considered final and shall not be appealable under the grievance procedure.
Results of Examination. If any examination of the Licensee’s records shows that Licensee has paid more than required under this Agreement, any excess amounts shall, at Licensee’s option, be promptly refunded or credited against future royalties with interest from the date of overpayment at [***]. If any examination of the Licensee’s records shows that Licensee has paid less than required under this Agreement, Licensee shall promptly pay the additional amount due together with interest and late fees as required under this Agreement for late payments. If the amount of underpayment exceeds [***] percent ([***]%) of the amount which should have been paid, Licensee shall also pay all reasonable costs of such examination.
Results of Examination. If any examination under Paragraph 6.1 shows that the license fees due ASCAP from Licensee have been underpaid by 10% or more, then Licensee shall pay a late payment fee on the balance shown due of 1% per month from the date(s) the license fees should have been paid pursuant to this Agreement. If any such examination shows that the license fees due ASCAP from Licensee have been underpaid by less than 10%, then Licensee shall pay a late payment fee on the balance shown due of 1% per month from the date ASCAP demands payment of such amount. However, no such late payment charge shall be assessed if payment of the license fee balance shown due is made within 45 days of receipt of written notification from ASCAP of underpayment. If such examination shows an overpayment of license fees, then ASCAP shall credit or refund the amount of such overpayment, at Licensee’s election, within 30 days. Late payment fees payable under this Paragraph 6.2 shall only be for a maximum period that is coterminous with the period for which additional license fees are owed pursuant to ASCAP’s audit examination.
Results of Examination. If any examination of ADHEREX’S records shows that ADHEREX has paid more than required under the Agreement, any excess amounts shall, at ADHEREX’S option, be promptly refunded or credited against future royalties with interest from the date of overpayment at the Royal Bank of Canada’s Prime Rate minus 1%. If any examination of ADHEREX’S records show that ADHEREX has paid less than required under this agreement, ADHEREX shall promptly pay the additional amount due together with interest and late fees as required under this agreement for late payments. If the amount of underpayment exceeds ten percent (10%) of the amount that should have been paid, ADHEREX shall also pay all reasonable costs of such examination. For more certainty, in the case of disagreement between the Parties with respect to the conclusions resulting from examination of ADHEREX’S records, such disagreement shall be subject to section 12 herein. 8 PERFORMANCE
Results of Examination. Based on the applicable grounds above, it is hereby determined that the application filed by Xxxxxxx Korea, Ltd. is granted and the full amount of rent payable by Xxxxxxx Korea, Ltd. shall be exempted.
