Final Settlement. The Parties agree and acknowledge that this Compromise Agreement shall constitute a final settlement between the Parties. This Compromise Agreement resolves only issues addressed in the Compromise Agreement.
Final Settlement. Unless otherwise agreed in writing, these prorations shall be final.
Final Settlement. 7.4.1 The Incubatee shall be allowed to claim final settlement when all the Incubatee’s obligations under this Contract have been fulfilled.
Final Settlement. No Charges shall be billed or reclaimed by either party from each other in respect of recovery of services provided for any period for which the Final Settlement Report has been produced by the Market Operator.
Final Settlement. As soon as administratively feasible after its resignation or removal as Trustee, the Trustee shall transfer to the successor trustee all property currently held by the Trust. However, the Trustee is authorized to reserve such sum of money as it may deem advisable for payment of its accounts and expenses in connection with the settlement of its accounts or other fees or expenses payable by the Trust. Any balance remaining after payment of such fees and expenses shall be paid to the successor trustee.
Final Settlement. Although funds will be transferred and reflected in the To Account balance the same day the transfer was requested, final settlement will not occur until the next Bank Business Day as defined in the Hours of Availability, Banking Days and Cutoff Times Section of this Agreement.
Final Settlement. If OCWA ceases to operate the Facilities, there shall be a final settlement of all accounts with respect to the Annual Price and any other expenses incurred by OCWA and amounts owing by or to the Client under this Agreement, no later than ninety (90) days after OCWA ceases to provide the Services or thirty (30) days after OCWA has provided the Client with a final invoice, whichever comes later.
Final Settlement. If the amount of the Adjusted Purchase Price as set forth on the Final Closing Statement exceeds the amount of the Estimated Adjusted Purchase Price, then Buyer shall pay to Seller, within five Business Days after the Final Settlement Date, the amount by which the Adjusted Purchase Price as set forth on the Final Closing Statement exceeds the amount of the Estimated Adjusted Purchase Price, together with interest on such excess amount from the Closing Date until paid at the Interest Rate. If the amount of the Adjusted Purchase Price as set forth on the Final Closing Statement is less than the amount of the Estimated Adjusted Purchase Price, then Seller shall pay to Buyer, within five (5) Business Days after the Final Settlement Date, the amount by which the Adjusted Purchase Price as set forth on the Final Closing Statement is less than the amount of the Estimated Adjusted Purchase Price, together with interest on such deficiency amount from the Closing Date until paid at the Interest Rate. Any post-Closing payment made pursuant to this Section 3.4(c) shall be made by means of a wire transfer of immediately available funds to a bank account designated by the Party receiving the funds.
Final Settlement. All Net Smelter Returns Royalty payments shall be considered final and in full satisfaction of Lessee's obligations with respect thereto, unless Owner gives Lessee written notice describing a specific objection to the calculation thereof within one year after receipt by Owner of the monthly statement provided for in Section 2.5. If Owner objects to a particular monthly statement it shall have the right, for a period of thirty (30) days after Lessee's receipt of such objection, upon reasonable notice and at a reasonable time, to have Lessee's accounts and records relating to the calculation of the Net Smelter Returns Royalty payment with respect to the calendar month in question audited by an independent certified public accountant. If such audit determines that there has been a deficiency or an excess in the payment made to Owner, such deficiency or excess shall be resolved by adjusting the next monthly Net Smelter Returns Royalty payment due Owner. Owner shall pay all costs of such audit unless a deficiency of five percent (5%) or more of the Net Smelter Returns Royalty due for the calendar month in question is determined to exist. Lessee shall pay the costs of such audit if a deficiency of five percent (5%) or more of the amount due for the calendar month in question is determined to exist. All books and records used by Lessee to calculate the Net Smelter Returns Royalties due hereunder shall be kept in accordance with generally accepted accounting principles.
Final Settlement. A Final Settlement occurs when we receive notice that you have created a credit Item (such as depositing a check or cash into your Account) or a debit Item (such as an ATM or merchant transaction or a check drawn on your Account is presented to us for payment). A Final Settlement may be delayed for certain Items until a third-party (such as a restaurant) notifies us of the final amount of the transaction by submitting a Final Settlement request. Upon Final Settlement we Post an Item to your Account and your Account is debited or credited at that time for the full amount of the Item plus any applicable fees (such as if the Item creates an Overdraft, or we return the Item as unpaid). You may also have heard or used the term “cleared” to describe a Final Settlement. Item A single transaction: for example, a check, ACH debit, debit card transaction, ATM withdrawal, Electronic Funds Transfer, fee, or deposit. Memo Post A temporary credit (an increase in the Current Balance) or debit (a decrease in the Current Balance) to an Account Prior to a Final Settlement. A Memo Post is usually associated with transactions where the final amount of a debit may be unknown (such as a debit card merchant authorization) or a circumstance where an amount deposited into an Account is not immediately available under our Funds Availability Policy. Overdraft A circumstance where the Current Balance of an Account is a negative number caused by attempts to process debits to an Account in an amount greater than the Current Balance. An overdraft occurs when your Current Balance is not enough to cover a transaction, but you have authorized us to use our sole discretion to pay the Item anyway and we, in our sole discretion, elect to do so, or the Item is returned but incurs a returned Item fee greater than the Current Balance. PIN Personal Identification Number. A secret number used with debit card transactions to verify your identity. Post (or Posted, Posting) We Post an Item to your Account as a debit or credit when there is a Final Settlement of the transaction. If there was a Memo Post of the Item previously, the Memo Post will become a Post at the time of Final Settlement. Posting usually happens over night with all other transactions that occurred on that Business Day. Posting Order The order in which transactions are added to and subtracted from your Account balance. Provisional Credit A temporary credit to your Account given by us to you with respect to an Item such as a debit ca...
