Overcharges and Undercharges. If, as a result of any such audit, the auditor determines that Service Provider has overcharged or undercharged Novation, Novation, VHA, UHC or HPPI shall notify Service Provider of the amount of such overcharge or undercharge and Service Provider or Novation, as applicable, shall promptly pay to the other the amount of the overcharge or undercharge, plus interest at a rate of 1% per month or the maximum rate permitted by law, whichever is less, calculated from the date of receipt by Service Provider of the overcharged or undercharged amount until the date of payment. If any such audit reveals an overcharge to Novation during any 12-month period exceeding seven percent (7%) of Novation’s aggregate fees hereunder for such period, Service Provider shall reimburse Novation for the reasonable out-of-pocket costs and expenses incurred for such audit.
Overcharges and Undercharges. Carrier will file any overcharges or ----------------------------- undercharge claims within 120 days from the time GM receives a valid and acceptable electronic delivery record. Failure to so file will waive any such claims by or on behalf of Carrier.
Overcharges and Undercharges. 49 C.F.R. §378 shall apply to the processing, investigation and disposition of overcharge, undercharge, and duplicate payments.
Overcharges and Undercharges. Any claim by Xxxxxxx for overcharge by Forwarder on any freight bill must be sent to Forwarder within sixty (60) days from the initial invoice date and Forwarder shall submit any claim for an undercharge on any freight bill within sixty (60) days from the date of the original freight bill. The expiration of the foregoing 60-day periods shall be a complete and absolute defense to any such action on behalf of either Party, its successors, assigns or representatives. No civil action for collection of undercharge or overcharge claims may be brought unless the required notice of claims within sixty (60) days has been provided and unless such action is instituted within six (6) months after the claim accrues. The provisions of this Section 12 shall survive the cancellation, termination or expiration of this Agreement.
Overcharges and Undercharges. If Contractor charges any customer a price in excess of the established schedule of rates, the amount by which the actual charge exceeds the established rate shall constitute an overcharge, which shall, upon demand of the customer or Authority, be promptly refunded to the customer. The amount of any such refund shall constitute a Reimbursable Expense provided that Contractor provides evidence of such refund acceptable to Authority and the amount of such overcharge was previously included in Gross Revenues and deposited by Contractor in the Account. If Contractor charges any customer a price that is less than the established schedule of rates, the amount by which the actual charge is less than the established rate schedule shall constitute an undercharge and the amount thereof shall, without demand by Authority, be paid by Contractor as part of the Gross Revenues into the Account.
Overcharges and Undercharges. (a) Any action by Carrier to recover undercharges hereunder, or by Shipper to recover overcharges hereunder, shall be commenced not more than sixty (60) days after Carrier’s receipt of the shipment with respect to which such undercharge or overcharge is claimed due.
Overcharges and Undercharges. Claims for overcharges or undercharges will be made in writing, supported by proper documentation, by the Party requesting an adjustment within eighteen (18) months of the billing date. Each Party shall acknowledge its receipt in writing within thirty (30) days after the date of receipt of each claim. Both Parties agree that each shall pay, decline to pay, or settle each overcharge, or undercharge claim within sixty (60) days after its receipt. Both parties hereto specifically waive their respective rights under 49 USC 13710 (a) (3) (A) and (B) as applicable regarding the pursuit of under or overcharges hereunder.
Overcharges and Undercharges. Service Provider shall file any overcharges or undercharge claims within one hundred and twenty (120) days from the time GM receives a valid and acceptable electronic delivery record. Service Provider's failure to timely file will waive any such claims by Service Provider, including its agents and subcontractors.
Overcharges and Undercharges. Any action at law by Carrier to recover undercharges hereunder, or by Shipper to recover overcharges hereunder, shall be commenced not more than three (3) years after Carrier's receipt of the shipment. Right to Audit - Carrier grants Shipper, or others designated by Shipper, access to all internal audit information relating to this Contract, including reports of corrective actions taken as a result of such audit. Carrier agrees to make, keep and maintain in accordance with generally accepted accounting principles and practices consistently applied from year to year, complete books. records, invoices and records of payments relating to the work while it is being performed and for a period of three (3) years following acceptance of the work. For the purpose of audit, Shipper shall have the right to examine, either directly or through its authorized representatives or agents, during business hours and for a reasonable period of time, all books, records, accounts, correspondence, instructions, specifications, plans, drawings, receipts, manuals and memoranda insofar as they are pertinent to this Contract. Shipper's right of inspection shall not apply to Carrier's trade secrets or other proprietary information properly designed or asserted as such in writing prior to such audit.
Overcharges and Undercharges. (a) Any request for arbitration by Carrier to recover undercharges hereunder, or by Goody's to recover overcharges hereunder, shall be commenced no more than six (6) months after Carrier's receipt of the shipment with respect to which such undercharge or overcharge is claimed to be due.
