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. If we approve the authorization request made by the merchant, we immediately reduce your Current Balance with a Memo Post debit to your Account. Even though your Current Balance has been reduced, a Memo Post debit does not remove the funds from your Account. Once we have approved the authorization request from the merchant, we are required to pay the merchant when they submit a Final Settlement request, which is an instruction from the merchant for us to deduct an exact amount of funds from your Account. While in most instances the Final Settlement request is made by the merchant to us within one or two Business Days, the actual timing of the Final Settlement request rests exclusively with the merchant. With some exceptions** (examples noted below), if no Final Settlement request is received by us from the merchant by the end of the third Business Day the Memo Post on your Account will be deleted, and the funds restored to your Current Balance. However, even if the Final Settlement request is not received within the three business days and the Memo Post debit is removed, a final settlement request by the merchant could still be received by us at a later date and will be paid by us as required by Visa regulations. At that time a debit in the amount of the Final Settlement request amount will Post to your Account and will reduce your Current Balance. Only upon our receipt of the merchant’s Final Settlement request and our Posting of the debit to your Account are funds permanently deducted from your Account. If the original authorization request and Memo Post debit was greater that the final settlement amount, any excess amount is restored to your Current Balance. Transactions at certain merchants (for example, a rental car company or hotel) may remain as a Memo Post reduction of your Current Balance for an extended period of time dictated by the length of the rental period or hotel stay. If you use your PIN for a debit card transaction when you pay for gas at the pump, the merchant must send us the Final Settlement request within two (2) hours. Determining Whether You Will be Charged an Overdraft Fee on Intervening Debit Transactions It is possible and perhaps even likely that your Current Balance will change in the period of time between when we approve a merchant authorization request and the Memo Post debit reduces your Current Balance and when we receive a final settlement request from the merchant. This period of time is often two or more Business Days....
