Refund Claim Clause Samples

Refund Claim. If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, contact DEXSTA at ▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. You must contact the Credit Union within forty (40) calendar days of the date the Credit Union mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. The Credit Union may extend the time period as deemed necessary. The claim must include: i. A description of why you have suffered a loss (i.e. you think the amount withdrawn was incorrect); ii. An estimate of the amount of your loss; iii. An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and iv. A copy of the substitute check and/or identifying information (i.e. the check number, name of the person to whom the check was written, the amount of the check, etc.) to help the Credit Union identify the substitute check.
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Refund Claim. 3.1 As soon as reasonably practicable after the Stay is entered pursuant to Section 2, and no later than seventy (70) days after such Stay is entered, Sephora, with Plaintiff’s input as detailed in this Paragraph 3.1, will file a tax refund claim with MDOR (the “Refund Claim”) seeking a refund of the amount of tax charged on each Qualifying Purchase that may have been in excess of the Vendor’s Use Tax Amount for that Qualifying Purchase (the “Potential Tax Overcharges”). 3.1.1 Sephora will file with the Refund Claim a cover letter explaining that the refund is being sought pursuant to this Settlement Agreement with the intention of using the Refund Amount to fund the settlement to the Persons who are Settlement Class Members pursuant to this Agreement, and referring MDOR to Class Counsel’s letter (described below). 3.1.2 Class Counsel will draft a letter that articulates Class Counsel’s arguments for why vendor’s use tax was owed by the purchasers on the Qualifying Purchases and why, accordingly, MDOR should refund the Potential Tax Overcharges. Sephora will file the letter with the Refund Claim. 3.1.3 Sephora will file with the Refund Claim a request that MDOR include Class Counsel on all written correspondence relating to the Refund Claim and that MDOR permit Class Counsel to participate in any real-time correspondence with MDOR relating to the Refund Claim, such as meetings, telephone calls, and videoconferences. 3.1.4 Sephora will file the Refund Claim and all associated documentation with MDOR via in-person hand delivery in Jefferson City. On the same date as this in-person filing, Class Counsel may contact MDOR and request to schedule a meeting with appropriate MDOR management, which may include representatives from the Director’s Office, the General Counsel’s Office and the Division of Taxation, to discuss this Action, the Refund Claim, this Settlement Agreement, Class Counsel’s arguments in support of the Refund Claim, and the Parties’ intent to use the Refund Amount to fund a settlement with the Persons who are Settlement Class Members pursuant to this Agreement. Sephora’s Counsel will be entitled to participate in the meeting, and Class Counsel will schedule the meeting for a date and time when Sephora’s Counsel are available.
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Refund Claim. If, in the reasonable opinion of the Borrower, any amount has been paid pursuant to subsection (a) of this Section or Section 11.01 with respect to Taxes or Other Taxes which are not correctly or legally asserted, then if and to the extent the Lender, in its sole discretion, considers it reasonable to do so, the Lender will cooperate with the Borrower (such cooperation to be without expense or liability to the Lender) in seeking to obtain a refund of such amount; provided, that, the Lender shall not be required to cooperate in seeking to obtain a refund unless (i) if the Lender requests in writing, the Borrower has delivered to such Lender an opinion of independent tax counsel selected by the Borrower and reasonably acceptable to the Lender to the effect that there is a reasonable possibility of success, (ii) the Lender has received from the Borrower satisfactory indemnification for any liability, loss, cost or expense arising out of relating to the effort to obtain such refund, and (iii) the Borrower shall have indemnified the Lender for the payment of such Taxes or Other Taxes pursuant to subsection (a) or Section 11.01 or shall have made the Lender whole and "grossed up" the Lender pursuant to subsection (a) of this Section or Section 11.01 with respect to Taxes or Other Taxes. The Lender will promptly (within 45 days) notify the Borrower of the assertion of any liability by any taxing authority with respect to Taxes or Other Taxes and any payment by the Lender of such Taxes or Other Taxes; provided that the failure to give such notice shall not relieve the Borrower of its obligations hereunder to make indemnification for any such liability except to the extent that the Borrower has been prejudiced by such failure and except that the Borrower shall not be liable for penalties or interest accruing after such 45 day period until such time as it receives the notice contemplated above, after which time it shall be liable for interest and penalties accruing after such receipt.
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Refund Claim. 21 Schedule 14D-9..............................................................2 SEC.........................................................................2
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Related to Refund Claim

  • Initial Claim Generally, the determination of whether a Claim is an Urgent Care Claim will be made by an individual acting on behalf of ▇▇▇▇▇, applying the judgment of a prudent layperson possessing an average knowledge of health and medicine. However, if a Physician with knowledge of the Member’s Condition determines that the Claim is an Urgent Care Claim, it will be deemed urgent. Urgent Care Claims may be made orally or in writing. AvMed will notify the Claimant of the benefit determination as soon as possible, taking into account the medical exigencies, but no later than 72 hours after receipt of the Urgent Care Claim. 1) If the Claimant fails to provide sufficient information to determine whether or to what extent benefits are covered or payable under this Contract, AvMed will notify the Claimant, no later than 24 hours after receipt of the Claim, of the specific information necessary to complete the Claim. The Claimant will be afforded no less than 48 hours, to provide the specified information. 2) AvMed will notify the Claimant of the benefit determination no later than 48 hours after the earlier of: ▇▇▇▇▇’s receipt of the specified information, or the end of the period afforded the Claimant to provide the specified information. If the Claimant fails to supply the specified information within the 48-hour period, the Claim will be denied. 3) AvMed may notify the Claimant of the benefit determination orally or in writing. If the notification is provided orally, a written or electronic notification will also be provided to the Claimant no later than three days after the oral notification.

  • Sending a Claim Notice Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/ claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

  • Claim A demand or assertion by the Owner or the Contractor seeking an adjustment of the Contract Sum or Contract Time, or both, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and the Contractor arising out of or relating to the Contract. The responsibility to substantiate a Claim shall rest with the party making the Claim. A demand for money or services by a third party, including a Trade Contractor, Supplier, or subcontractor to the Contractor, is ipso facto not a Claim against the Owner.

  • Claims Payment The Reinsurer will be liable to the Company for its share of the benefits owed under the express contractual terms of the Reinsured Policies and as specified under the terms of this Agreement. The Reinsurer will not participate in any ex gratia payments made by the Company (i.e., payments the Company is not required to make under the Reinsured Policy terms.) The payment of death benefits by the Reinsurer will be in one lump sum regardless of the mode of settlement under the Reinsured Policy. Benefit payments from the Reinsurer will be due within 30 days of the claim satisfying the requirements established under this Agreement. The Reinsurer’s share of any interest payable under the terms of a Reinsured Policy or applicable law which is based on the death benefits paid by the Company, will be payable provided that the Reinsurer will not be liable for interest accruing on or after the date of the Company’s payment of benefits. The Reinsurer’s share will be based upon the same interest rate and days used by the Company to calculate their interest paid. The Reinsurer will make payment to the Company for each such claim. For Waiver of Premium claims, the Company will continue to pay premiums for reinsurance, except premiums for disability reinsurance. The Reinsurer will pay its proportionate share of the gross premium waived by the Company on the Reinsured Policy, including its share of the premiums for benefits that remain in effect during disability. I414849US-12 (11-01-2011) QT#04028US11 (COLI & B▇▇▇) For claims on Accelerated Benefit riders reinsured under this Agreement, the benefit amount payable by the Reinsurer will be calculated by multiplying the total accelerated death benefit rider payout by the ratio of the reinsured Net Amount at Risk, as defined in Exhibit C -1, to the face amount of the Reinsured Policy.

  • Third Party Claim A Claim where there is (a) a claim, demand, suit or action by a person who is not a Party, (b) a settlement with, judgment by, or liability to, a person who is not a Party, or (c) a fine or penalty imposed by a person who is not a Party.