Scheme or device Clause Samples
The 'Scheme or device' clause defines and addresses any arrangements, plans, or mechanisms that are intentionally structured to achieve a particular outcome, often in the context of compliance, avoidance, or manipulation of contractual or legal obligations. In practice, this clause typically applies to situations where a party might attempt to circumvent the intent of an agreement or regulation by creating artificial structures or transactions. For example, it may prevent a party from using complex financial arrangements to avoid tax liabilities or contractual duties. The core function of this clause is to close loopholes and ensure that the substance of an agreement or law is upheld, preventing parties from exploiting technicalities to evade their responsibilities.
Scheme or device. All or any part of the payments oth- erwise due a person under the upland cotton, wheat, feed grain and rice pro- grams on all farms in which the person has an interest may be withheld or re- quired to be refunded if the person adopts or participates in adopting any scheme or device designed to evade or which has the effect of evading the rules of this part. Such acts shall in- clude, but are not limited to, con- cealing from the county committee any information having a bearing on the application of the rules of this part or submitting false information to the county committee (for example, a set- aside agreement which is entered into that differs from information furnished to the county committee concerning the manner in which program pay- ments are actually shared, concerning the actual facts of a sale, or concerning the transfer of property) or creating fictitious entities for the purpose of concealing the interest of a person in a farming operation.
Scheme or device. (a) If it is determined by the NRCS that a cooperating entity has employed a scheme or device to defeat the pur- poses of this part, any part of any pro- gram payment otherwise due or paid such a cooperating entity during the applicable period may be withheld or be required to be refunded with inter- est thereon, as determined appropriate by NRCS on behalf of CCC.
(b) A scheme or device includes, but is not limited to, coercion, fraud, mis- representation, depriving any other person or entity of payments for ease- ments for the purpose of obtaining a payment to which a person would oth- erwise not be entitled.
Scheme or device. If the PRODUCER is suspected by STATE to have knowingly: (1) adopted any scheme or device which violates this Agreement; (2) made any fraudulent representation; (3) misrepresented any fact affecting a determination under this Agreement; or (4) otherwise violated the terms and conditions of the 2008 AGP, the STATE will notify the appropriate investigating agencies of the STATE and the United States Department of Agriculture and may terminate the Agreement with a full refund of all benefits received there under, plus interest, and the PRODUCER will be subject to penalties under applicable civil and criminal laws.
Scheme or device. (a) If it is determined by NRCS that a eligible entity has employed a scheme or device to defeat the purposes of this part, any part of any program payment otherwise due or paid to such an eligible entity during the applicable period may be withheld or be required to be refunded, with interest, as deter- mined appropriate by NRCS on behalf of the CCC.
(b) A scheme or device includes, but is not limited to, coercion, fraud, mis- representation, and depriving any other person or entity of payments for easements for the purpose of obtaining a payment to which a person would otherwise not be entitled.