Common use of Treatment of Unallowable Costs Previously Submitted for Payment Clause in Contracts

Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, Xxxxxxxxx shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by Xxxxxxxxx or any of its subsidiaries or affiliates from the United States. Xxxxxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Xxxxxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine Xxxxxxxxx’x books and records and to disagree with any calculations submitted by Xxxxxxxxx or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by Xxxxxxxxx, or the effect of any such Unallowable Costs on the amount of such payments.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, Xxxxxxxxx Electric shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by Xxxxxxxxx Electric or any of its subsidiaries or affiliates from the United States. Xxxxxxxxx Electric agrees that the United States, at a minimum, shall be entitled to recoup from Xxxxxxxxx Electric any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine Xxxxxxxxx’x Xxxxxxxxx Electric’s books and records and to disagree with any calculations submitted by Xxxxxxxxx Electric or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by XxxxxxxxxXxxxxxxxx Electric, or the effect of any such Unallowable Costs on the amount of such payments.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Treatment of Unallowable Costs Previously Submitted for Payment. Within 90 days of the Effective Date of this Agreement, Xxxxxxxxx Xxxxxx Xxxxxx shall identify and repay by adjustment to future claims for payment or otherwise any Unallowable Costs included in payments previously sought by Xxxxxxxxx Xxxxxx Xxxxxx or any of its subsidiaries or affiliates from the United States. Xxxxxxxxx Xxxxxx Xxxxxx agrees that the United States, at a minimum, shall be entitled to recoup from Xxxxxxxxx Xxxxxx Xxxxxx any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted requests for payment. The United States, including the Department of Justice and/or the affected agencies, reserves its rights to audit, examine, or re-examine Xxxxxxxxx’x Xxxxxx Xxxxxx’x books and records and to disagree with any calculations submitted by Xxxxxxxxx Xxxxxx Xxxxxx or any of its subsidiaries or affiliates regarding any Unallowable Costs included in payments previously sought by XxxxxxxxxXxxxxx Xxxxxx, or the effect of any such Unallowable Costs on the amount of such payments.

Appears in 1 contract

Samples: Settlement Agreement

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