Accountings and Audits Sample Clauses

Accountings and Audits. 3.1 Within forty-five (45) days after the end of each calendar month with respect to which Microsoft owes Inktomi any royalties, Microsoft shall furnish Inktomi with a statement, together with payment for any amount shown thereby to be due to Inktomi. The royalty statement shall be based upon the calculations set forth in Section 2 during the month then ended, and shall contain information reasonably sufficient to discern how the royalty payment, if any, was computed. All statements and all other accounts rendered by Microsoft to Inktomi shall be binding upon Inktomi and not subject to any objections by Inktomi for any reason unless specific objection in writing, stating the basis thereof, is received by Microsoft within one (1) year from the date rendered.
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Accountings and Audits. 3.1 Within forty-five (45) days after the end of each calendar month with respect to which Microsoft owes Inktomi any service fees, Microsoft shall furnish Inktomi with a statement, together with payment for any amount shown thereby to be due to Inktomi. The service fee statement shall be based upon the calculations set forth in Section 2 during the month then ended, and shall contain information reasonably sufficient to discern how the service fee payment, if any, was computed. All statements and all other accounts rendered by Microsoft to Inktomi shall be binding upon Inktomi and not subject to any objections by Inktomi for any reason unless specific objection in [*]=CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. writing, stating the basis thereof, is received by Microsoft within one (1) year from the date rendered.
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Accountings and Audits. (a) Sales Agent shall furnish to Distributor and Hellxx xxxhin thirty days after the close of each Accounting Period (as hereinafter defined) detailed itemized statements of all Gross Receipts collected during such Accounting Period identifying name of payor, the amount received from such payor, the territory in which the payor has been licensed rights in the Series, the term of the relevant license and the episodes covered by such payment, together with copies of all licenses and sale agreements for the Series entered into during such Accounting Period. For the purposes of this Agreement "Accounting Period" shall mean (i) each calendar month for a period of three years commencing with the month in which this Agreement becomes effective and (ii) thereafter each period of three calendar months. All such statements shall set forth details of all payments due in accordance with Clause 5 hereof.
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Accountings and Audits. (a) Accountings as to royalties payable by Company to Artist hereunder shall be made by Company to Artist on or before the first day of October for the period ending the preceding June 30th, and on or before the first day of April for the period ending the preceding December 31st, together with payment of accrued royalties, if any, earned by Artist during such preceding half-year. All royalty statements and all other accounts rendered by Company to Artist shall be binding upon Artist and not subject to any objection by Artist for any reason unless specific objection in writing, stating the basis thereof is given to Company within twenty-one (21) months from the date rendered. No generalized objection (such as, but not limited to, a generalized claim of overreporting of deductions or underreporting of income or any similar generalization) shall be deemed a valid objection. (b) Artist shall have the right to appoint a Certified Public Accountant or attorney, who is not then currently engaged in an outstanding audit of Company, to examine Company's books and records as the same pertain to this agreement provided that such examination shall take place at Company's offices during normal business hours, on reasonable notice, not more than once in each calendar year during which Artist receives a statement and at Artist's sole cost and expense. Notwithstanding the foregoing, Company's books and records relating to any particular royalty statement may be examined as aforesaid only within fifteen (15) months after the date rendered and Company shall have no obligation to permit the examination of such books and records relating to any particular statement more than once. The right conferred by this subparagraph (b) shall constitute Artist's sole right to examine Company's books and records. (c) Neither Artist nor any person or entity acting for or on behalf of Artist shall have the right to commence any examination of Company's books and records unless and until the person or entity engaging in any such examination has agreed in writing, that neither the individual nor the firm engaging in such examination, nor any representatives thereof, shall at any time or in any manner either directly or indirectly, disclose or communicate to any person, firm or corporation, other than Artist or Artist's attorneys or accountants (and such recipients shall also have executed and delivered to Company similar agreements) any information acquired from Company's books and records d...
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Accountings and Audits. Each party shall maintain records of all ---------------------- activities subject to payments pursuant to this Agreement and furnish to the other, no less frequently than quarterly, a statement in such form and detail as to permit the parties to verify the receipt of all payments provided for herein. Each party shall allow the other party and its representatives, including independent certified public accounting firms designated by the other party, to have access, at a mutually agreed upon time during normal business hours, to the records and books of account that relate solely to the Agreement for the purpose of determining whether the appropriate payments have been made under this Agreement. Such audits may not be required more often than once every calendar year and shall relate only to the shorter period of (a) the previous twenty-four months and (b) the previous twenty-four months less any previously audited period. If any such audit properly determines a discrepancy, the audited party shall pay the amount of the fees due and, if there was an underpayment of greater than five percent (5%), the reasonable auditor's fees of the auditing party.
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Related to Accountings and Audits

  • ACCOUNTING AND AUDIT The Agency shall utilize and maintain such records and practices regarding receipts and disbursements of the Funds as to be in accordance with generally accepted accounting principles. All such records shall be open to inspection and audit by the City or by the City's designee during normal business hours during the term hereof and for a period of three (3) years after the termination of this Agreement. Any cost incurred by the Agency as a result of a City audit shall be the sole responsibility of and shall be borne by the Agency. In addition, should the Agency provide any or all of the Funds to sub-recipients, then and in that event the Agency shall include in written agreements with such sub-recipients a requirement that records of the sub-recipient be open to inspection and audit by the City or the City's designee to the same extent as those of the Agency.

  • ACCOUNTS AND AUDIT 18.1 The Supplier shall keep proper and accurate books and records, including all invoices, receipts and vouchers, relating to the Services and all expenditures and commitments made in connection therewith. The Supplier shall make such books and records available to the Local Government for review or audit within ten (10) days following receipt of a request from the Local Government to do so. The Supplier agrees that it shall retain all such books and records and make them available for review or audit by the Local Government for a period of three (3) years after the date of final payment by the Local Government hereunder. Any review or audit by the Local Government pursuant to this Section 18.1 shall be carried out by the Local Government at the Local Government’s expense.

  • Checks and Audits The parties of the agreement undertake to provide any detailed information requested by the European Commission, the National Agency of [country] or by any other outside body authorised by the European Commission or the National Agency of [country] to check that the mobility period and the provisions of the agreement are being properly implemented.

  • Certifications and Audits Company shall promptly complete and return to BNYM any certifications which BNYM in its sole discretion may from time to time send to Company, certifying that Company is using the Licensed System in strict compliance with the terms and conditions set forth in this Agreement. BNYM may, at its expense and after giving reasonable advance written notice to Company, enter Company locations during normal business hours and audit Company’s utilization of the Licensed System, the number of copies of the Documentation in Company’s possession, and the scope of use and information pertaining to Company’s compliance with the provisions of this Agreement. The foregoing right may be exercised directly by BNYM or by delegation to an independent auditor acting on its behalf. If BNYM discovers that there is any unauthorized scope of use or that Company is not in compliance with the aforementioned provisions, Company shall reimburse BNYM for the full costs incurred in conducting the audit.

  • INSPECTIONS AND AUDITS 30 A. ADMINISTRATOR, any authorized representative of COUNTY, any authorized representative 31 of the State of California, the Secretary of the United States Department of Health and Human Services, 32 the Comptroller General of the United States, or any other of their authorized representatives, shall have 33 access to any books, documents, and records, including but not limited to, financial statements, general 34 ledgers, relevant accounting systems, medical and client records, of CONTRACTOR that are directly 35 pertinent to this Agreement, for the purpose of responding to a beneficiary complaint or conducting an 36 audit, review, evaluation, or examination, or making transcripts during the periods of retention set forth 37 in the Records Management and Maintenance Paragraph of this Agreement. Such persons may at all 1 reasonable times inspect or otherwise evaluate the services provided pursuant to this Agreement, and the 2 premises in which they are provided. 3 B. CONTRACTOR shall actively participate and cooperate with any person specified in 4 Subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this 5 Agreement, and shall provide the above–mentioned persons adequate office space to conduct such 6 evaluation or monitoring. 7 C. AUDIT RESPONSE 8 1. Following an audit report, in the event of non–compliance with applicable laws and 9 regulations governing funds provided through this Agreement, COUNTY may terminate this Agreement 10 as provided for in the Termination Paragraph or direct CONTRACTOR to immediately implement 11 appropriate corrective action. A plan of corrective action shall be submitted to ADMINISTRATOR in 12 writing within thirty (30) calendar days after receiving notice from ADMINISTRATOR. 13 2. If the audit reveals that money is payable from one party to the other, that is, reimbursement 14 by CONTRACTOR to COUNTY, or payment of sums due from COUNTY to CONTRACTOR, said 15 funds shall be due and payable from one party to the other within sixty (60) calendar days of receipt of 16 the audit results. If reimbursement is due from CONTRACTOR to COUNTY, and such reimbursement 17 is not received within said sixty (60) calendar days, COUNTY may, in addition to any other remedies 18 provided by law, reduce any amount owed CONTRACTOR by an amount not to exceed the 19 reimbursement due COUNTY. 20 D. CONTRACTOR shall retain a licensed certified public accountant, who will prepare an annual 21 Single Audit as required by 31 USC 7501 – 7507, as well as its implementing regulations under 2 CFR 22 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 23 Awards. CONTRACTOR shall forward the Single Audit to ADMINISTRATOR within fourteen (14) 24 calendar days of receipt. 25 E. CONTRACTOR shall forward to ADMINISTRATOR a copy of any audit report within 26 fourteen (14) calendar days of receipt. Such audit shall include, but not be limited to, management, 27 financial, programmatic or any other type of audit of CONTRACTOR’s operations, whether or not the 28 cost of such operation or audit is reimbursed in whole or in part through this Agreement. 29

  • Records and Audits The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this Contract.

  • Reports and Audits The Company shall as soon as practicable but in no event later than six months after the end of each of its fiscal years, file with the Trustee and the Issuer, audited financial statements of the Company prepared as of the end of such fiscal year; provided that the Company may satisfy this requirement by its filing of such information with the Securities and Exchange Commission (xxx.xxx.xxx) and the Municipal Securities Rulemaking Board (xxx.xxxx.xxxx.xxx) in accordance with their respective filing requirements.

  • Tax Returns and Audits (i) The Company and each of its subsidiaries have timely filed all federal, state, local and foreign returns, estimates, information statements and reports ("RETURNS") relating to Taxes required to be filed by the Company and each of its subsidiaries with any Tax authority, except such Returns which are not material to the Company. The Company and each of its subsidiaries have paid all Taxes shown to be due on such Returns. (ii) The Company and each of its subsidiaries as of the Effective Time will have withheld with respect to its employees all federal and state income taxes, Taxes pursuant to the Federal Insurance Contribution Act, Taxes pursuant to the Federal Unemployment Tax Act and other Taxes required to be withheld, except such Taxes which are not material to the Company. (iii) Neither the Company nor any of its subsidiaries has any material Tax deficiency outstanding, proposed or assessed against the Company or any of its subsidiaries, nor has the Company or any of its subsidiaries executed any unexpired waiver of any statute of limitations on or extending the period for the assessment or collection of any Tax. (iv) No audit or other examination of any Return of the Company or any of its subsidiaries by any Tax authority is presently in progress, nor has the Company or any of its subsidiaries been notified of any request for such an audit or other examination. (v) No material adjustment relating to any Returns filed by the Company or any of its subsidiaries has been proposed in writing formally or informally by any Tax authority to the Company or any of its subsidiaries or any representative thereof. (vi) Neither the Company nor any of its subsidiaries has any liability for any material unpaid Taxes which has not been accrued for or reserved on the Company Balance Sheet in accordance with GAAP, whether asserted or unasserted, contingent or otherwise, which is material to the Company, other than any liability for unpaid Taxes that may have accrued since December 31, 1999 in connection with the operation of the business of the Company and its subsidiaries in the ordinary course. (vii) There is no contract, agreement, plan or arrangement to which the Company or any of its subsidiaries is a party as of the date of this Agreement, including but not limited to the provisions of this Agreement, covering any employee or former employee of the Company or any of its subsidiaries that, individually or collectively, would reasonably be expected to give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 or 162(m) of the Code. There is no contract, agreement, plan or arrangement to which the Company or any of its subsidiaries is a party or by which it or any of its subsidiaries is bound as of the date of this Agreement to compensate any individual for excise taxes paid pursuant to Section 4999 of the Code. (viii) Neither the Company nor any of its subsidiaries has filed any consent agreement under Section 341(f) of the Code or agreed to have Section 341(f)(2) of the Code apply to any disposition of a subsection (f) asset (as defined in Section 341(f)(4) of the Code) owned by the Company or any of its subsidiaries. (ix) Neither the Company nor any of its subsidiaries is party to or has any obligation under any tax-sharing, tax indemnity or tax allocation agreement or arrangement. (x) None of the Company's or its subsidiaries' assets are tax exempt use property within the meaning of Section 168(h) of the Code. (xi) Neither the Company nor any of its subsidiaries has constituted either a "distributing corporation" or a "controlled corporation" in a distribution of stock qualifying for tax-free treatment under Section 355 of the Code (x) in the two years prior to the date of this Agreement or (y) in a distribution which could otherwise constitute part of a "plan" or "series or related transactions" (within the meaning of Section 355(e) of the Code) in conjunction with the Merger.

  • Definitions and Accounting Matters Section 1.01 Terms Defined Above 1 Section 1.02 Certain Defined Terms 1 Section 1.03 Types of Loans and Borrowings 20 Section 1.04 Terms Generally; Rules of Construction 20 Section 1.05 Accounting Terms and Determinations; GAAP 21

  • RECORDS AND AUDIT PROVISIONS ON-SITE AND OFF-SITE REVIEWS/AUDITS

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