Finality of Determination Clause Samples

Finality of Determination. The determination of the Clerk on leave applications shall be final.

Finality of Determination. The Company shall have the right to recover overpayments and correct underpayments to Employees. However, any benefit determination shall become final six (6) months after the date on which it is made if (a) no dispute is then pending and (b) the Company has not given notice in writing of an error.

Finality of Determination. A deter- mination made by an agreement pursu- ant to this section becomes final when the tax liability for the open taxable year to which the determination re- lates becomes final. During the period, if any, that a deficiency may be as- sessed or a refund or credit allowed with respect to such year, either the taxpayer or the Commissioner may properly pursue any of the procedures provided by law to secure a further modification of the tax liability for such year. For example, if the taxpayer subsequently files a claim for refund, or if the Commissioner subsequently issues a notice of deficiency with re- spect to such year, either may adopt a position with respect to the item that was the subject of the adjustment that is at variance with the manner in which said item was treated in the agreement. Any assessment, refund, or credit that is subsequently made with respect to the tax liability for such open taxable year, to the extent that it is based upon a revision in the treat- ment of the item that was the subject of the adjustment, shall constitute an alteration or revocation of the deter- mination for the purpose of a redeter- mination of the adjustment pursuant to paragraph (d) of § 1.1314(b)–1. [T.D. 6500, 25 FR 12037, Nov. 26, 1960]

Finality of Determination. Any determination made by the FDIC pursuant to this part shall be at the FDIC’s sole discretion and shall not be subject to further review.

Finality of Determination. The Committee will administer this Plan and construe its provisions. Any determination by the Committee carrying out, administering, or construing this Plan will be final and binding for all purposes and upon all interested persons and their heirs, successors, and personal representatives.

Finality of Determination. Each determination made by the Committee shall be final, binding and conclusive for all purposes and upon all persons. The Committee may rely conclusively on the determinations made by and information received from the Company’s independent public accountants or the Employer employees with respect to action of the Committee.

Finality of Determination. The Company shall have exclusive responsibility with respect to determining the amount of the Employer Matching Contribution and, upon determining such amount for a Contribution Period, shall transmit to the Committee and to the Trustee a statement of the amount of such Contribution. A determination so made shall be final and conclusive upon the Employers, the Committee, the Trustee, and all Participants, former Participants, and Beneficiaries.

Finality of Determination. A determination made by an agreement pursuant to this section becomes final when the tax liability for the open taxable year to which the determination relates becomes final. During the period, if any, that a deficiency may be assessed or a refund or credit allowed with respect to such year, either the taxpayer or the Commissioner may properly pursue any of the procedures provided by law to secure a further modification of the tax liability for such year. For example, if the taxpayer subsequently files a claim for refund, or if the Commissioner subsequently issues a notice of deficiency with respect to such year, either may adopt a position with respect to the item that was the subject of the adjustment that is at variance with the manner in which said item was treated in the agreement. Any assessment, refund, or credit that is subsequently made with respect to the tax liability for such open taxable year, to the extent that it is based upon a revision in the treatment of the item that was the subject of the adjustment, shall constitute an alteration of revocation of the determination for the purpose of a redetermination of the adjustment pursuant to paragraph (d) of section 1.13 14(b)-1.

Finality of Determination. The Company shall have the right to recover overpayments and correct payments to employees. However, any Benefit determination shall become final six months after the date on which it is made if(a) no dispute is then pending, the Company has not theretofore been given notice in writing of an error. An employee will not be disqualified from a Weekly Benefit on the basis that he is not on “layoff if he is recalled from layoff and is not physically able to perform the job to which recalled.