Settlement and Finality Sample Clauses

Settlement and Finality. 3.1 At the close of each Business Banking Day, FORTE will calculate Merchant’s Settlement Amount, including all applicable debits, credits, fees and adjustments. In the event the sum total of the Settlement Amount is a non- zero value, FORTE will initiate a Settlement transaction to Merchant’s Settlement Account. Positive totals will result in a Credit to Merchant’s Settlement Account; negative totals will result in a Debit to Merchant’s Settlement Account. 3.2 In the event that a Debit Entry to Merchant’s Settlement Account is returned for any reason, all Credit Entries initiated by Merchant may be cancelled or reversed at FORTE’s discretion.
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Settlement and Finality. After the hold period for Debit Entries has expired, we will credit the Merchant DDA by the amount of the Debit Entries but this credit will not be final until we have available Transaction funds. If any Debit Entry is returned to us (as described in the Rules), we will debit the Merchant DDA for the amount of the returned item plus fees and costs incurred by BluePay. In the event there are not sufficient funds in the Merchant DDA to cover your obligations under this Agreement, you agree to pay us the amount of the deficiency on demand in immediately available funds. BluePay may debit any account maintained by you, such as for example the Merchant DDA, without further notice to or approval from you. Any Credit Entries that you create will be debited from the Merchant DDA in accordance with the hold period prior to the credit being distributed to your payees’ accounts. In the event that the Debit Entry is returned for any reason, the Credit Entries will be cancelled due to the unavailability of funds. BluePay will be responsible for our performance of the ACH Processing Services as a third party service provider in accordance with the terms of this Agreement, and the Rules and Regulations. We are not, however, responsible for errors, acts or failures to act of others, including, and among other entities, banks, ODFI, Merchant ODFI, communications carriers or clearing houses through which Entries may be originated or we receive or transmit information, and no such entity shall be deemed our agent. BluePay is not responsible for any loss, delay, cost or liability which arises, directly or indirectly, in whole or in part, from: your actions or omissions, your negligence or breach of any warranty or agreement ; any ambiguity, inaccuracy or omission in any instruction or information provided to BluePay; accidents, strikes, labor disputes, civil unrest, war, terrorism, fire, earthquake, flood, water damage (e.g., from fire suppression systems), tele-­‐communications or communication network disruption, power surges or failures, legal constraints or acts of God or government; or the actions of others or causes that are beyond BluePay’s reasonable control. BluePay will not be responsible under any circumstances for special, indirect, punitive or consequential damages which you incur as a result of BluePay’s actions or omissions, even if BluePay is aware of the possibility for such damages. BluePay’s liability and your remedy for actual costs and losses resulting fr...
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Settlement and Finality. (a) Processor will settle all Entries after the pre-established hold period normally five (5) business days from the date the Entries are initially transmitted to the ACH and Processor’s ODFI or on a schedule agreed to in writing and made as part of this agreement or at Processor’s discretion. (b) Returned Entries beyond Settlement: Entries not honored by ▇▇▇▇▇▇▇▇’s customer’s bank will be debited from ▇▇▇▇▇▇▇▇’s settlement account. In the event there are not sufficient funds in the Settlement Account to cover Merchants obligations under this Agreement, ▇▇▇▇▇▇▇▇ agrees to pay Processor the amount of the deficiency on demand in immediately available funds. Processor may, as a last resort, hold or net settle any then current transactions and/or debit any account maintained by Merchant to recover returned transactions. Any Credit Entries that Merchant creates will be debited from Merchants account in accordance with the hold period prior to the credit being distributed to Merchant payee’s accounts. In the event the Debit Entry is returned for any reason, the Credit Entries will be canceled due to the unavailability of funds.
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Settlement and Finality. We will settle all entries as follows: (a) P.O.S. Settlement: Entries received prior to our cut off time of 4:00 PM EST on any banking day (as defined by the Federal Reserve) will be credited to your settlement bank the following banking day, or after the hold period, at our discretion.
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Settlement and Finality. IPPAY will settle all entries as follows: (a) P.O.S. Settlement: Entries received prior to IPPAY’s cut off time of 3:30 PM EST on any banking day (as defined by the Federal Reserve) will be credited to ▇▇▇▇▇▇▇▇’s settlement bank the following banking day, or after the hold period, at IPpay’s discretion. (b) Settlement of Returned Entries: Entries not honored by ▇▇▇▇▇▇▇▇’s customer’s bank will be debited from ▇▇▇▇▇▇▇▇’s settlement account. After the entries have been successfully recovered by the re-presentment process, if service is being provided by IPPAY, IPPAY will reaccredit Merchant’s account. (c) If any Debit Entry is returned to IPPAY, IPPAY will debit the Account for the amount of the returned item plus fees and costs incurred by IPPAY immediately or on a mutually agreed schedule. In the event there are not sufficient funds in the Account to cover Merchant’s obligations under this Agreement, ▇▇▇▇▇▇▇▇ agrees to pay IPPAY the amount of the deficiency on demand in immediately available funds. IPPAY may, as a last resort, debit any account maintained by Merchant to recover returned transactions. Any Credit Entries that Merchant creates will be debited from Merchant account in accordance with the hold period prior to the credit being distributed to Merchant payees accounts. In the event the Debit Entry is returned for any reason, the Credit Entries will be canceled due to the unavailability of funds.
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Settlement and Finality. (a) If SPS originates the files, SPS will settle all entries after the pre-established hold period to C/N’s designated depository account, normally up to five (5) business days after the date the transactions are initially transmitted to the F/I or on a schedule agreed to in writing and made a part of this agreement or at SPS’ or F/I’s discretion. (b) Returned Entries Beyond Settlement: C/N agrees to honor ALL return entries and permit debiting from C/N’s settlement account. In the event there are not sufficient funds in C/N’s account to cover C/N’s obligations under this Agreement, C/N agrees to pay SPS the amount of the deficiency on demand in immediately available funds. SPS may, as a last resort, hold or net settle transactions and or debit any account maintained by C/N to recover returned transactions. In all cases, a charge back that fails to clear C/N’s account shall have a fee of $250 debited against C/N’s account.
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Settlement and Finality. At the close of each Business Banking Day, ACHD will calculate Merchant’s Settlement Amount, including all applicable debits, credits, fees and adjustments. In the event the sum total of the Settlement Amount is a non-zero value, ACHD will initiate a Settlement Entry to Merchant’s Settlement Account. Positive totals will result in a Credit Entry to Merchant’s Settlement Account; negative totals will result in a Debit Entry to Merchant’s Settlement Account. In the event that a Debit Entry to Merchant’s Settlement Account is returned for any reason, all Credit Entries initiated by Merchant may be cancelled or reversed at ▇▇▇▇’s discretion.
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Related to Settlement and Finality

  • Full and Final Settlement 21.1 This agreement is in full and final settlement of all Union or employee claims relating to employee rights and entitlements. Accordingly, the Union or employees shall not pursue any extra claims, nor take any industrial or protest action concerning any matter explicitly or implicitly dealt with in this agreement. 21.2 In any event: (a) Any work that commences or resumes on a day or shift following a stoppage of work not authorised by management, shall attract ordinary time rates of pay until the full duration of the normal ordinary time period has actually been worked, so that employees shall not be over compensated for work that would have been done in ordinary time but for the stoppage. (b) The Union or employees under this agreement shall not encourage or incite employees (or other persons) not covered by this agreement to take industrial or protest action of any kind.

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • Settlement of disputes between the parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties. 1. Any dispute between an investor of one Party and the other Party in connection with an investment in the territory of the other Party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. 2. If the dispute cannot be settled through negotiations within 6 months from the date on which the disputing investor requested for the consultation or negotiation in writing, and if the disputing investor has not submitted the dispute for resolution to the competent court (16) or any other binding dispute settlement mechanism (17) of the Party receiving the investment, it may be submitted to one of the following international conciliation or arbitration fora by the choice of the investor (18): (a) conciliation or arbitration in accordance with the International Center for Settlement of Investment Disputes (ICSID), under the Convention on the Settlement of Disputes between States and Nationals of Other States, done at Washington on March 18th, 1965; (b) conciliation or arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes so long as the ICSID Convention is not in force between the Parties; (c) arbitration under the arbitration Rules of the United Nations Comission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules. For more clarity, the election of one dispute settlement fora shall be definitive and exclusive. 3. An arbitral tribunal established under paragraph 2 shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. 4. The disputing investor who intends to submit the dispute to conciliation or arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of its intent to do so at least 90 days before the claim is submitted. The notice of intent shall specify: (a) the name and address of the disputing investor; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached; (c) the waiver of the disputing investor from the right to initiate any proceedings before any of the other dispute settlement for referred to in paragraph 2 in relation to the matter under dispute; (d) conciliation or arbitration set forth in paragraph 2 which the disputing investor will choose; and (e) the relief sought and the approximate amount of expropriation claimed. 5. Notwithstanding paragraph 4, no claim may be submitted to conciliation or arbitration set forth in paragraph 2, if more than 3 years have elapsed since the date on which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment referred to in paragraph 1. 6. The arbitration award shall be final and binding upon both parties to the dispute. Both Parties shall commit themselves to the enforcement of the award.

  • Settlement of Disputes between the Parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.

  • Preparation and Filing If and whenever the Corporation is under an obligation pursuant to the provisions of Sections 3.5 and/or 3.6 to use its best efforts to effect the registration of any Registrable Shares, the Corporation shall, as expeditiously as practicable: (a) prepare and file with the Commission a registration statement with respect to such securities and use its best efforts to cause such registration statement to become and remain effective in accordance with Section 3.7(b) hereof; (b) prepare and file with the Commission such amendments and supplements to such registration statement and the prospectus used in connection therewith as may be necessary to keep such registration statement effective until the earlier of (i) the sale of all Registrable Shares covered thereby or (ii) nine months from the date such registration statement first becomes effective, and to comply with the provisions of the Securities Act with respect to the sale or other disposition of all Registrable Shares covered by such registration statement; (c) furnish to each holder whose Registrable Shares are being registered pursuant to this Section 3 such number of copies of any summary prospectus or other prospectus, including a preliminary prospectus, in conformity with the requirements of the Securities Act, and such other documents as such holder may reasonably request in order to facilitate the public sale or other disposition of such Registrable Shares; (d) use its best efforts to register or qualify the Registrable Shares covered by such registration statement under the securities or blue sky laws of such jurisdictions as each holder whose Registrable Shares are being registered pursuant to this Section 3 shall reasonably request, and do any and all other acts or things which may be necessary or advisable to enable such holder to consummate the public sale or other disposition in such jurisdictions of such Registrable Shares; provided, however, that the Corporation shall not be required to consent to general service of process for all purposes in any jurisdiction where it is not then subject to process, qualify to do business as a foreign corporation where it would not be otherwise required to qualify or submit to liability for state or local taxes where it is not otherwise liable for such taxes; (e) at any time when a prospectus covered by such registration statement and relating thereto is required to be delivered under the Securities Act within the appropriate period mentioned in Section 3.7(b) hereof, notify each holder whose Registrable Shares are being registered pursuant to this Section 3 of the happening of any event as a result of which the prospectus included in such registration, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing and, at the request of such holder, prepare, file and furnish to such holder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing; (f) if the Corporation has delivered preliminary or final prospectuses to the holders of Registrable Shares that are being registered pursuant to this Section 3 and after having done so the prospectus is amended to comply with the requirements of the Securities Act, the Corporation shall promptly notify such holders and, if requested, such holders shall immediately cease making offers of Registrable Shares and return all prospectuses to the Corporation. The Corporation shall promptly provide such holders with revised prospectuses and, following receipt of the revised prospectuses, such holders shall be free to resume making offers of the Registrable Shares; and (g) furnish, at the request of any holder whose Registrable Shares are being registered pursuant to this Section 3, on the date that such Registrable Shares are delivered to the underwriters for sale in connection with a registration pursuant to this Section 3 if such securities are being sold through underwriters, or on the date that the registration statement with respect to such securities becomes effective if such securities are not being sold through underwriters, (i) an opinion, dated such date, of the counsel representing the Corporation for the purposes of such registration, in form and substance as is customarily given to underwriters in an underwritten public offering, addressed to the underwriters, if any, and to the holder or holders making such request, and (ii) a letter dated such date, from the independent certified public accountants of the Corporation, in form and substance as is customarily given by independent certified public accountants to underwriters in an underwritten public offering, addressed to the underwriters, if any, and to the holder or holders making such request.