Unpaid Claims If a claim for indemnification (following the final disposition of such action, suit or proceeding) or advancement of expenses under this Section 10.02 is not paid in full within thirty (30) days after a written claim therefor by any person described in Section 10.02(a) has been received by the Partnership, such person may file proceedings to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Partnership shall have the burden of proving that such person is not entitled to the requested indemnification or advancement of expenses under applicable Law.
Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.
Indemnification for Certain Claims The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the End User of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.
Interest Unpaid Class Accrued Certificate Interest Shortfalls Interest Class Interest Payable Pay-out Rate ----- -------- ------------------- ------- ------------ PO $ 0.00 $ 0.00 $ 0.00 %0.000000000 A1 $ 503,378.62 $ 0.00 $ 503,378.62 %7.749999933 A2 $ 42,980.21 $ 0.00 $ 42,980.21 %7.750000301 A3 $ 6,500.00 $ 0.00 $ 6,500.00 %8.000000000 A4 $ 0.00 $ 0.00 $ 0.00 %0.000000000 A5 $ 265,180.70 $ 0.00 $ 265,180.70 %7.749999890 A6 $ 92,967.71 $ 0.00 $ 92,967.71 %7.750000139 A7 $ 69,911.46 $ 0.00 $ 69,911.46 %7.750000185 A8 $ 41,656.25 $ 0.00 $ 41,656.25 %7.750000000 A9 $ 86,057.29 $ 0.00 $ 86,057.29 %7.749999850 A10 $ 13,110.42 $ 0.00 $ 13,110.42 %7.750001970 A11 $ 6,716.67 $ 0.00 $ 6,716.67 %7.750003846 A12 $ 17,211.46 $ 0.00 $ 17,211.46 %7.750000750 A13 $ 32,259.38 $ 0.00 $ 32,259.38 %7.750001201 A14 $ 71,041.67 $ 0.00 $ 71,041.67 %7.750000364 A15 $ 10,726.67 $ 0.00 $ 10,726.67 %8.000002486 A16 $ 46,180.00 $ 0.00 $ 46,180.00 %8.000000000 A17 $ 17,187.50 $ 0.00 $ 17,187.50 %8.250000000 A18 $ 58,125.00 $ 0.00 $ 58,125.00 %7.750000000 A19 $ 36,360.42 $ 0.00 $ 36,360.42 %7.750000710 A20 $ 14,180.00 $ 0.00 $ 14,180.00 %8.000000000 A21 $ 18,153.33 $ 0.00 $ 18,153.33 %7.999998531 A22 $ 944,588.42 $ 0.00 $ 944,588.42 %7.749999976 A23 $ 202,984.02 $ 0.00 $ 202,984.02 %7.749999936 A24 $ 22,378.13 $ 0.00 $ 22,378.13 %7.750001732 A25 $ 10,430.21 $ 0.00 $ 10,430.21 %7.750001238 S $ 96,366.40 $ 0.00 $ 96,366.40 %0.431451917 M $ 54,838.80 $ 0.00 $ 54,838.80 %7.749999655 B1 $ 25,312.20 $ 0.00 $ 25,312.20 %7.749999282 B2 $ 14,063.05 $ 0.00 $ 14,063.05 %7.749999061 B3 $ 11,249.15 $ 0.00 $ 11,249.15 %7.749999604 B4 $ 7,034.75 $ 0.00 $ 7,034.75 %7.749996890 B5 $ 7,031.17 $ 0.00 $ 7,031.17 %7.749994663 R $ 0.00 $ 0.00 $ 0.00 %0.000000000
Treatment of Unallowable Costs Previously Submitted for Payment Defendants further agree that within 90 days of the Effective Date of this Agreement they shall identify to applicable Medicare and TRICARE fiscal intermediaries, carriers, and/or contractors, and Medicaid and FEHBP fiscal agents, any Unallowable Costs (as defined in this paragraph) included in payments previously sought from the United States, or any State Medicaid program, including, but not limited to, payments sought in any cost reports, cost statements, information reports, or payment requests already submitted by Defendants or any of their subsidiaries or affiliates, and shall request, and agree, that such cost reports, cost statements, information reports, or payment requests, even if already settled, be adjusted to account for the effect of the inclusion of the Unallowable Costs. Defendants agree that the United States, at a minimum, shall be entitled to recoup from Defendants any overpayment plus applicable interest and penalties as a result of the inclusion of such Unallowable Costs on previously-submitted cost reports, information reports, cost statements, or requests for payment. Any payments due after the adjustments have been made shall be paid to the United States pursuant to the direction of the Department of Justice and/or the affected agencies. The United States reserves its rights to disagree with any calculations submitted by Defendants or any of their subsidiaries or affiliates on the effect of inclusion of Unallowable Costs (as defined in this paragraph) on Defendants or any of their subsidiaries or affiliates’ cost reports, cost statements, or information reports.