A xxxx. Smart Meter usage data may be requested by Licensor in connection with an audit conducted in accordance with the terms of the applicable agreement(s) between User and Licensor (“Audit”). In the event of a conflict between the Product usage data presented in the Smart Meter tool and the results of an Audit, the results of the Audit will control.
A xxxx. NYSERDA shall have the right from time to time and at all reasonable times during the term of this Agreement and for the maintenance period set forth in Section 4.05 hereof to inspect and audit any and all books, accounts and records related to this Agreement or reasonably necessary to the performance of an audit at the office or offices of the Contractor where they are then being kept, maintained and preserved pursuant to Section 4.05 hereof. Any payment made under the Agreement shall be subject to retroactive reduction for amounts included therein which are found by NYSERDA on the basis of any audit of the Contractor by NYSERDA, the State of New York or an agency of the United States not to constitute an allowable charge or cost hereunder. A ssignments, Subcontracts and Performance
A xxxx. Upon reasonable notice and within the Shelter’s normal business hours, Hill’s shall have the right to audit and inspect the Shelter’s facilities, books, documents, papers and records directly relating to Shelter’s performance obligations under Sections 2 and 4, above.
A xxxx. Flussschiff GmbH is not liable for impairments of performance, personal injury or property damage in connection with services for which it has merely acted as an agent (e.g. excursions, sports events, theatre visits, exhibitions, transport services from and to the place of departure and destination) if these services are explicitly specified in the cruise advertisement and the booking confirmation as external services, citing the contractual partner, in such a way that the traveller has been clearly informed that these services are not within the scope of the services provided by A-XXXX Flussschiff GmbH. However,
A- XXXX Flussschiff GmbH is liable
a) for services which include transportation of the traveller from the specified place of departure to the specified destination, interim transportation during the cruise and accommodation during the cruise, or
b) if and to the extent that the loss or damage incurred by the traveller is attributable to A-XXXX Flussschiff GmbH’s violation of its obligations in respect of information, explanation or organisation.
A xxxx. Liquidware may, at its expense, conduct an audit to verify that Customer is using the Licensed Software in accordance with this Agreement. Any such audit shall be conducted during regular business hours, not more than once per year, and shall not unreasonably interfere with Customer’s business activities. If an audit reveals that Customer has distributed or allowed use of the Licensed Software in excess of the use permitted by the Order and this Agreement, then Customer shall pay Liquidware for such unauthorized use based on Appendix C Pricing Index of DIR Contract No. DIR-TSO-4385..
A xxxx. Convercent shall, upon reasonable notice (no less than forty-five (45) days) and payment of a reasonable fee, not more than once a year (unless there is a material Security Breach, in which case a second audit is permitted), allow its procedures and documentation to be inspected or audited by Customer (or its designee) during business hours, and without interrupting Convercent’s business operations, in order to ascertain compliance with the obligations set forth in this Data Processing Addendum. For the avoidance of doubt, the scope of such audit shall be limited to documents and records allowing the verification of Convercent’s compliance with the obligations set forth in this Data Processing Addendum and shall not include financial records of Convercent or any records concerning Convercent’s other customers. Remote audits shall be utilized where possible, with on-site audits occurring only where a walkthrough of the premises is required.
A xxxx. In order to verify statements issued by Reseller and Reseller’s compliance with the terms of this Agreement, Ivanti or its designee may, upon two business days notice to Reseller, audit Reseller’s books of account and records, to which Reseller will provide reasonable access. Any such audit will be conducted at Reseller’s office during normal business hours and so as not to interfere unreasonably with Reseller’s business activities. If an audit reveals that the Reseller has underpaid fees due to Ivanti, Ivanti will invoice Reseller for such underpaid amounts based on Ivanti’s then- current price list, with the invoice subject to the general payment terms of this Agreement. If the underpaid fees exceed 5% of the fees due to Ivanti for the relevant period, then Reseller will pay the reasonable expenses associated with such audit. Audits will not be made more frequently than once per calendar year unless the immediately preceding audit discloses material discrepancies.
A xxxx. Flussschiff GmbH is not liable for the timely issue and delivery of any necessary visas by the respective diplomatic mission if the customer has requested the tour operator to obtain such visas unless it has culpably violated its own obliga- tions.
A xxxx. Customer agrees that 42Gears may, once in a calendar year and upon thirty (30) days prior written notice, enter Customer’s premises to audit Customer’s compliance with the provisions of this Agreement. 42Gears’s inspections shall be conducted during Customer’s normal business hours and will be restricted to the records pertaining to the Software provided hereunder or other 42Gears Confidential Information. 42Gears’s rights of inspection shall remain in effect through the period ending six (6) months from the termination or expiration of this Agreement.
A xxxx. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
