Reversal of Payment Clause Samples

The Reversal of Payment clause establishes the conditions under which a payment previously made can be reversed or reclaimed by the paying party. Typically, this clause applies in situations where a payment was made in error, the recipient failed to fulfill contractual obligations, or a transaction is later found to be invalid. For example, if a service is not delivered as agreed or a duplicate payment occurs, the payer may invoke this clause to recover the funds. Its core practical function is to protect parties from financial loss due to mistakes, non-performance, or invalid transactions, ensuring fairness and accuracy in financial dealings.
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Reversal of Payment. 73 SECTION 12.8 Injunctive Relief.........................................................................73 SECTION 12.9 Successors and Assigns; Participations....................................................73 SECTION 12.10 Amendments, Waivers and Consents: Renewal.................................................75 SECTION 12.11
Reversal of Payment. In the event Owner makes a payment as required under this Customer Agreement, and then subsequently reverses payment either in the form of a stop payment on a check, or a chargeback on a credit card payment, Owner acknowledges and agrees that such act is a breach of this Customer Agreement by Owner. In such a case, the Owner acknowledges and agrees that Home Works Painting is relieved of its responsibility to perform any further work on the project until payment is made in full for the entire Contract amount and any other amounts due pursuant to this Customer Agreement. Owner agrees to pay an administration fee of $35.00 for any NSF (non-sufficient funds) checks or checks subsequently cancelled via a stop payment. Owner agrees to pay an administration fee of $35.00 for any credit card tendered as payment, but subsequently charged back by the issuing bank. Owner acknowledges and agrees that in the interim Home Works Painting shall have the right to pursue collection of such payment. Separate Contracts/Options – Any item of work including carpentry work listed under Additional Options on the front of this Customer Agreement or on a separate contract shall be treated as a separate Customer Agreement with the same General Terms and Conditions as the original work. The parties agree that each option is a separate contract with a separate schedule. In the event scheduling or completion of a separate option designated on the front of this Customer Agreement prevents the original work from being completed, Owner acknowledges and agrees to consider the project substantially complete and abides by the SUBSTANTIAL COMPLETION policy as defined below.
Reversal of Payment. To the extent any Borrower makes a payment or payments to the Administrative Agent for the ratable benefit of the Lenders or the Administrative Agent receives any payment or proceeds of the Collateral which payments or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds repaid, the Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if such payment or proceeds had not been received by the Administrative Agent.
Reversal of Payment. To the extent any Co-Borrower makes a payment or payments to the Administrative Agent for the ratable benefit of the Lenders which payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds repaid, the Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if such payment or proceeds had not been received by the Administrative Agent.
Reversal of Payment. To the extent any Co-Borrower makes a payment or payments to the Lender which payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds repaid, the Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if such payment or proceeds had not been received by the Lender.
Reversal of Payment. In the event Owner makes a payment as required under this Customer Agreement, and then subsequently reverses payment either in the form of a stop payment on a check, or a chargeback on a credit card payment, Owner acknowledges and agrees that such act is a breach of this Customer Agreement by Owner. In such case, Owner acknowledges and agrees that Home Works Painting is relieved of its responsibility to perform any further work on the project until payment is made in full for the entire Contract amount and any other amounts due pursuant to this Customer Agreement. Separate Contracts/Options – Any item of work including carpentry work listed under Additional Options on the front of this Customer Agreement or on a separate contract shall be treated as a separate Customer Agreement with the same General Terms and Conditions as the original work. The parties agree that each option is a separate contract with a separate schedule. In the event the scheduling or completion of a separate option designated on the front of this Customer Agreement prevents the original work from being completed, Owner acknowledges and agrees to consider the project substantially complete and abide by the SUBSTANTIAL COMPLETION policy as defined below.

Related to Reversal of Payment

  • Reversal of Payments To the extent the Borrower makes a payment or payments to the Administrative Agent for the ratable benefit of the Lenders or the Administrative Agent receives any payment or proceeds of the collateral which payments or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds repaid, the Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if such payment or proceeds had not been received by the Administrative Agent.

  • Deferral of Payments The Executive shall have the right to elect to defer the Post-Change in Control Severance Payment to be received by the Executive pursuant to this Section 6 under the terms and conditions of the Deferred Compensation Plan. Any such deferral election shall be made in accordance with Section 18(b) hereof.

  • Apportionment, Application and Reversal of Payments Principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Loans to which such payments relate held by each Lender) and payments of the fees shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, shall be applied, ratably, subject to the provisions of this Agreement, first, to pay any fees, indemnities or expense reimbursements then due to the Agent from the Borrower; second, to pay any fees or expense reimbursements then due to the Lenders from the Borrower; third, to pay interest due in respect of all Revolving Loans, including Non-Ratable Loans and Protective Advances; fourth, to pay or prepay principal of the Non-Ratable Loans and Protective Advances; fifth, to pay or prepay principal of the Revolving Loans (other than Non-Ratable Loans and Protective Advances) and sixth, to the payment of any other Obligation including any amounts relating to Bank Products due to the Agent or any Lender or any of their Affiliates by the Borrower. Notwithstanding anything to the contrary contained in this Agreement, unless so directed by the Borrower, or unless an Event of Default has occurred and is continuing, neither the Agent nor any Lender shall apply any payments which it receives to any LIBOR Revolving Loan, except (a) on the expiration date of the Interest Period applicable to any such LIBOR Rate Loan, or (b) in the event, and only to the extent, that there are no outstanding Base Rate Revolving Loans. The Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.2(j). The Agent and the Lenders shall have the continuing and exclusive right to apply and reverse and reapply any and all such proceeds and payments to any portion of the Obligations.

  • Receipt of Payment The Company shall have received payment, by certified or other bank check or by wire transfer of immediately available funds, in the full amount of the purchase price for the number of Shares being purchased by such Purchaser at such Closing.

  • Basis of Payment The basis of payment is identified in Attachment E, Fee Schedule. Reimbursement of costs incurred under a work authorization shall be in accordance with Attachment E, Fee Schedule.