Audit. Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC.
Audit. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.
Audit. Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records to ensure that Contractor has properly invoiced Purchasers and that Contractor has paid all applicable contract management fees. Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor’s books, documents, papers and records directly pertinent to this Master Contract or orders placed by a Purchaser under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.
Audit. 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.
Audit. Xxxxxxx Aerospace may, from time-to-time during the term of this License and up to 2 years after the expiration or termination of this License, require an audit be conducted to determine Licensee’s compliance with the License terms and conditions. Licensee will be notified at least two weeks in advance of the time period to be covered by the audit and when the audit will occur. The audit will take place at Licensee’s facilities during business hours on weekdays. The audit will be performed by a third party selected by Xxxxxxx Aerospace. Licensee, at its own expense, will provide all records, documentation, and support required for the auditor to determine if the usage of the licensable Software and any required reporting or payments or both are in compliance with the License terms and conditions. Xxxxxxx Aerospace will pay the auditor’s fees unless the audit determines Licensee has not complied with the terms and conditions of this License. If Licensee is found not to be in compliance with this License, Licensee will pay the auditor’s fees, transportation, sustenance and lodging costs for the audit performed and for the audit report. In addition, the Licensee will:
(i) Pay any applicable then current license fees associated with use of the licensed Software which are due but not previously paid, and if the discrepancy is found to be more than 5% for any 3- month period, the Licensee will pay liquidated damages of 150% the amount of the underpayment per 3-month period for which a greater than 5% discrepancy is found. Licensee will also pay the auditor’s fees, transportation, sustenance, and lodging cost for the audit performed that uncovered the greater than 5% discrepancy and will also pay for the audit report itself. The rectification amount, the liquidated damages, and the auditing costs will be due within 30 days of invoicing. If payment for these amounts is not received within 30 days of invoicing, Licensor, at its sole discretion, may terminate this license.
(ii) Generate, at Licensee’s expense, a corrective action plan to prevent any reoccurrence of the non-compliance.
(iii) Provide, at Licensee’s expense, a corrective action plan to Xxxxxxx Aerospace that is acceptable to Xxxxxxx Aerospace.
(iv) Implement, at Licensee’s expense, the corrective action plan.
(v) Pay all auditor’s fees, transportation, sustenance and lodging costs for the next audit of Licensee. Failure to comply with the provisions of this Section may result in termination of this Lic...
Audit. For a period of [ * ] years after sales of any Products by Cerus in the Territory (the [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. “Audit Period”), Cerus agrees to keep records of all such sales of such Product in sufficient detail to enable the royalties payable hereunder to be determined. From time to time during such Audit Period, Xxxxxx may at its own expense cause an independent third party auditor reasonably acceptable to Cerus to audit Cerus’ relevant books and records for the purpose of determining compliance with this Agreement. In the event that an audit is proposed with respect to Cerus’ proprietary information (“Restricted Information”), then on the written demand of Cerus the individuals conducting the audit with respect to the Restricted Information will be limited to Xxxxxx’x independent auditors. Such independent auditors shall enter into an agreement with Cerus, under which such independent auditors shall agree to maintain the confidentiality of the information obtained during the course of such audit and establishing what information such auditors will be permitted to disclose in reporting the results of any audit of Restricted Information. Any such audit shall be conducted during regular business hours in a manner that does not interfere unreasonably with the operations of Cerus. The aggregate number of audits of Cerus’ books and records conducted under this Section 6.7 shall not exceed [ * ] financial audit in any [ * ] month period. Subject to the foregoing limitations, any such audit shall be conducted when requested by notice given not less than [ * ] days prior to the commencement of the audit. Any overpayment or underpayment of royalties determined by this Section 6.7 shall be due and payable to the other party by the party owing such amount within [ * ] days after notice of such audit finding. In the event that any audit performed hereunder results in an increase of [ * ] percent ([ * ]%) or more in any payment due Xxxxxx hereunder, Cerus shall be obligated to pay any reasonable expenses incurred by Xxxxxx with respect to such audit.
Audit. 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 (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
Audit. Consultant shall establish and maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of Consultant transacted under this Agreement. Consultant shall retain these books, records, and systems of account during the Term of this Agreement and for five (5) years thereafter. Consultant shall permit the District, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that the District shall give reasonable prior notice to Consultant and shall conduct audit(s) during Consultant’s normal business hours, unless Consultant otherwise consents.
Audit. Contractor must allow the JBE or its designees to review and audit Contractor’s (and any subcontractors’) documents and records relating to this Agreement, and Contractor (and its subcontractors) shall retain such documents and records for a period of four (4) years following final payment under this Agreement. If an audit determines that Contractor (or any subcontractor) is not in compliance with this Agreement, Contractor shall correct errors and deficiencies by the twentieth (20th) day of the month following the review or audit. If an audit determines that Contractor has overcharged the JBE five percent (5%) or more during the time period subject to audit, Contractor must reimburse the JBE in an amount equal to the cost of such audit. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment.
Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) Adjusted for prior overpayments or underpayments.
