Common use of Annual Certification of Fees Clause in Contracts

Annual Certification of Fees. Within ninety (90) days after the close of each Agreement Period of the Term hereof, Company at its own cost and expense shall provide to the CFO, and a copy to the Director of Concessions, schedules of Gross Receipts and Concession Fees, payments and other sums for the Agreement Period accompanied by an independent auditors’ report expressing an unqualified opinion on the examination of such schedules prepared by Company’s independent Certified Public Accountant, licensed in the state of Florida, who is not an employee of Company, or a Certified Public Accountant who holds a valid temporary permit to practice in the state of Florida at the time the certification is issued and who is not an employee of Company, or an out of state licensed Certified Public Accountant who at the time the certification is issued, the NASBA National Qualification Appraisal Service has verified to be in compliance with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act and who is not an employee of Company, certifying that such schedules have been audited in accordance with Generally Accepted Auditing Standards and the terms and provisions of this Agreement; including, without limitation, the definition of Gross Receipts set forth in Article 1.L. herein. If such schedules indicate the Concession Fees for such period have been overpaid, then the amount of overpayment shall be credited to the Concession Fees next due and owing from Company, unless the Term hereof has expired, in which event such amount shall be promptly refunded by the Aviation Authority to Company. If such schedules indicate that the Concession Fees for such Agreement Period have been underpaid, then Company shall submit payment therefore to the Aviation Authority at the Office of the CFO at the same time it submits to the CFO and the Director of Concessions the statements required under this Article 5, together with interest on any underpaid Concession Fees at the rate set forth in Article 18.F., below, from the date such fees or charges should have been paid.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

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Annual Certification of Fees. Within ninety (90) days after the close of each Agreement Period of the Term hereof, Company at its own cost and expense shall provide to the CFO, and a copy to the Director Manager of Concessions, schedules of Gross Receipts and Concession Fees, payments and other sums for the Agreement Period accompanied by an independent auditors’ report expressing an unqualified opinion on the examination of such schedules prepared by Company’s independent Certified Public Accountant, licensed in the state of Florida, who is not an employee of Company, or a Certified Public Accountant who holds a valid temporary permit to practice in the state of Florida at the time the certification is issued and who is not an employee of Company, or an out of state licensed Certified Public Accountant who at the time the certification is issued, the NASBA National Qualification Appraisal Service has verified to be in compliance with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act and who is not an employee of Company, certifying that such schedules have been audited in accordance with Generally Accepted Auditing Standards and the terms and provisions of this Agreement; including, without limitation, the definition of Gross Receipts set forth in Article 1.L. herein. If such schedules indicate the Concession Fees for such period have been overpaid, then the amount of overpayment shall be credited to the Concession Fees next due and owing from Company, unless the Term hereof has expired, in which event such amount shall be promptly refunded by the Aviation Authority to Company. If such schedules indicate that the Concession Fees for such Agreement Period have been underpaid, then Company shall submit payment therefore to the Aviation Authority at the Office of the CFO at the same time it submits to the CFO and the Director of Concessions the statements required under this Article 5, together with interest on any underpaid Concession Fees at the rate set forth in Article 18.F.17.F., below, from the date such fees or charges should have been paid.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Annual Certification of Fees. Within ninety (90) days after the close of each Agreement Period of the Term hereof, Company at its own cost and expense shall provide to the CFO, and a copy to the Director Manager of Concessions, schedules of Gross Receipts and Concession Fees, payments and other sums for the Agreement Period accompanied by an independent auditors’ report expressing an unqualified opinion on the examination of such schedules prepared by Company’s independent Certified Public Accountant, licensed in the state of Florida, who is not an employee of Company, or a Certified Public Accountant who holds a valid temporary permit to practice in the state of Florida at the time the certification is issued and who is not an employee of Company, or an out of state licensed Certified Public Accountant who at the time the certification is issued, the NASBA National Qualification Appraisal Service has verified to be in compliance with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act and who is not an employee of Company, certifying that such schedules have been audited in accordance with Generally Accepted Auditing Standards and the terms and provisions of this Agreement; including, without limitation, the definition of Gross Receipts set forth in Article 1.L. 1.I. herein. If such schedules indicate the Concession Fees for such period have been overpaid, then the amount of overpayment shall be credited to the Concession Fees next due and owing from Company, unless the Term hereof has expired, in which event such amount shall be promptly refunded by the Aviation Authority to Company. If such schedules indicate that the Concession Fees for such Agreement Period have been underpaid, then Company shall submit payment therefore to the Aviation Authority at the Office of the CFO at the same time it submits to the CFO and the Director of Concessions the statements required under this Article 5, together with interest on any underpaid Concession Fees at the rate set forth in Article 18.F.17.F., below, from the date such fees or charges should have been paid.

Appears in 1 contract

Samples: Automated Retail Concession Agreement

Annual Certification of Fees. Within ninety (90) days after the close of each Agreement Period of the Term term hereof, Company at its own cost and expense shall provide to the CFODirector of Finance, and with a copy to the Director Office of Concessions, schedules financial statements prepared in accordance with generally accepted accounting principles applied on a consistent basis for its operations at the Premises, together with a report on examination of Gross Receipts and Concession Fees, payments and other sums for the Agreement Period accompanied such financial statements made in accordance with generally accepted auditing standards by an independent auditors’ report expressing an unqualified opinion on the examination of such schedules prepared by Company’s independent Certified Public Accountantcertified public accountant (CPA), licensed in the state of Florida, who is not an employee of Company, or a Certified Public Accountant CPA who holds a valid temporary permit to practice in the state of Florida at the time the certification is issued and who is not an employee of the Company, or an out of state licensed Certified Public Accountant CPA who at the time the certification is issued, the NASBA National Qualification Appraisal Service has verified to be in compliance with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act and who is not an employee of the Company. The audited financial statements must be accompanied by schedules of Gross Receipts, certifying that Fuel Flowage Fees and Rental Fees for such Agreement Period, and a report on examination of those schedules have been audited and such calculation by the independent certified public accountant in accordance with Generally Accepted Auditing Standards and the terms and provisions of this Agreement; including, without limitation, the definition of Gross Receipts set forth in Article 1.L. hereingenerally accepted auditing standards. If such schedules indicate the Concession Privilege Fees for such period have been overpaid, then the amount of overpayment shall be credited to the Concession Privilege Fees next due and owing from Company, unless the Term term hereof has expired, in which event such amount shall be promptly refunded by the Aviation Authority to Company. If such schedules indicate that the Concession Privilege Fees for such Agreement Period have been underpaid, then Company shall submit payment therefore therefor to the Aviation Authority at the Office of the CFO Director of Finance, at the same time it submits to the CFO and the Director of Concessions Finance the statements required under this Article 5Article, together with interest on any underpaid Concession Privilege Fees at the rate set forth in Article 18.F.16.G, below, from the date such fees or charges should have been paid.

Appears in 1 contract

Samples: Commercial Agreement

Annual Certification of Fees. Within ninety one hundred twenty (90120) days after the close of each Agreement Period calendar year of the Term hereof, Rail Company at its own cost and expense shall provide to the CFODirector of Finance, and with a copy to the Director of Concessions, schedules of Gross Receipts and Concession FeesReceipts, including all deductions therefrom, payments and other sums of Percentage Fees (“Report”) prepared in accordance with generally accepted accounting principles applied on a consistent basis for its operations at the Agreement Period accompanied Concession Premises, together with a report on examination of such Report made in accordance with generally accepted auditing standards by an independent auditors’ report expressing an unqualified opinion on the examination of such schedules prepared by Company’s independent Certified Public AccountantAccountant (“CPA”), licensed in the state of Florida, who is not an employee of Company, Florida or a Certified Public Accountant CPA who holds a valid temporary permit to practice in the state of Florida at the time the certification is issued and and, who is not an employee of Rail Company, or by an out of state licensed Certified Public Accountant CPA who at the time the certification is issued, the NASBA National Qualification Appraisal Service Association of State Boards of Accountancy (“NASBA”) has verified to be in compliance with the CPA licensure requirements of the AICPAAmerican Institute of CPAs/NASBA Uniform Accountancy Act and who is not an employee of Rail Company, certifying that . The Report must be accompanied by an independent auditor’s report expressing an unqualified opinion on examination of the Report and such schedules have been audited calculation by the licensed independent certified public accountant in accordance with Generally Accepted Auditing Standards and the terms and provisions of this Agreement; including, without limitation, the definition of Gross Receipts set forth in Article 1.L. hereingenerally accepted auditing standards. If such schedules Report indicate that the Concession Fees for such period have been overpaid, then the amount of overpayment shall be credited to the Concession Fees next due and owing from Rail Company, unless the Term hereof has expired, in which event such amount shall be promptly refunded by the Aviation Authority to Rail Company. If such schedules Report indicate that the Concession Fees for such Agreement Period the applicable year have been underpaid, then Rail Company shall submit payment therefore therefor to the Aviation Authority at the Office of the CFO Director of Finance at the same time it submits to the CFO Director of Finance and the Director of Concessions the statements required under this Article 5Section, together with interest on any underpaid Concession Fees at the maximum rate set forth in Article 18.F., belowallowed by law minus three percent (3%) (“Interest Rate”), from the date such fees or charges should have been paid.

Appears in 1 contract

Samples: Premises Lease and Use Agreement (Virgin Trains USA LLC)

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Annual Certification of Fees. Within ninety (90) days after the close of each Agreement Period of the Term hereof, Company at its own cost and expense shall provide to the CFO, and a copy to the Director Manager of Concessions, schedules of Gross Receipts and Concession Fees, payments and other sums for the Agreement Period accompanied by an independent auditors’ report expressing an unqualified opinion on the examination of such schedules prepared by Company’s independent Certified Public Accountant, licensed in the state of Florida, who is not an employee of Company, or a Certified Public Accountant who holds a valid temporary permit to practice in the state of Florida at the time the certification is issued and who is not an employee of Company, or an out of state licensed Certified Public Accountant who at the time the certification is issued, the NASBA National Qualification Appraisal Service has verified to be in compliance with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act and who is not an employee of Company, certifying that such schedules have been audited in accordance with Generally Accepted Auditing Standards and the terms and provisions of this Agreement; including, without limitation, the definition of Gross Receipts set forth in Article 1.L. 1.M. herein. If such schedules indicate the Concession Fees for such period have been overpaid, then the amount of overpayment shall be credited to the Concession Fees next due and owing from Company, unless the Term hereof has expired, in which event such amount shall be promptly refunded by the Aviation Authority to Company. If such schedules indicate that the Concession Fees for such Agreement Period have been underpaid, then Company shall submit payment therefore to the Aviation Authority at the Office of the CFO at the same time it submits to the CFO and the Director Manager of Concessions the statements required under this Article 5, together with interest on any underpaid Concession Fees at the rate set forth in Article 18.F.17.F., below, from the date such fees or charges should have been paid.

Appears in 1 contract

Samples: Concession Agreement

Annual Certification of Fees. Within ninety (90) days after the close of each Agreement Period of the Term hereof, Company at its own cost and expense shall provide to the CFODirector of Finance, and a copy to the Director of Concessions, schedules of Gross Receipts and Concession Fees, payments and other sums for the Agreement Period accompanied by an independent auditors’ report expressing an unqualified opinion on the examination of such schedules prepared by Company’s independent Certified Public Accountantcertified public accountant, licensed in the state of Florida, who is not an employee of Company, or a Certified Public Accountant who holds a valid temporary permit to practice in the state of Florida at the time the certification is issued and who is not an employee of Company, or an out of state licensed Certified Public Accountant who at the time the certification is issued, the NASBA National Qualification Appraisal Service has verified to be in compliance with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act and who is not an employee of Company, certifying that such schedules have been audited in accordance with Generally Accepted Auditing Standards and the terms and provisions of this Agreement; including, without limitation, the definition of Gross Receipts set forth in Article 1.L. herein. If such schedules indicate the Concession Fees for such period have been overpaid, then the amount of overpayment shall be credited to the Concession Fees next due and owing from Company, unless the Term hereof has expired, in which event such amount shall be promptly refunded by the Aviation Authority to Company. If such schedules indicate that the Concession Fees for such Agreement Period have been underpaid, then Company shall submit payment therefore to the Aviation Authority at the Office of the CFO Director of Finance at the same time it submits to the CFO Director of Finance and the Director of Concessions the statements required under this Article 5, together with interest on any underpaid Concession Fees at the rate set forth in Article 18.F.17.F., below, from the date such fees or charges should have been paid.

Appears in 1 contract

Samples: Vending Machine Concession Agreement

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