Audit and Reports. (a) RECORDS MAINTENANCE AND PRESERVATION - Subscriber shall maintain such billing records, reports, information, Vendor agreements and other documents as ICE Data may reasonably require from time to time to permit ICE Data to xxxx for applicable charges and to monitor compliance with this Agreement. Subscriber shall preserve each such item for not less than three years.
(b) ACCESS TO RECORDS - During the term of this Agreement and for three years thereafter, Subscriber shall ensure that any authorized representative of ICE Data is able (i) to examine Subscriber’s books and records relating to the Subscriber’s receipt and use of the Global Index Feed Data (including, among other items, the items Subscriber must maintain pursuant to Paragraph 5(a)); (ii) to copy those books and records and extract information from them, and (iii) to otherwise perform any auditing functions necessary to verify Subscriber’s compliance with this Agreement. All such audits shall be conducted at ICE Data’s sole expense, unless an audit by ICE Data reveals an underpayment by Subscriber to ICE Data of five percent (5%) or more, in which case Subscriber shall be liable to ICE Data for all reasonable audit expenses incurred by ICE Data.
(c) INSPECTION - Subscriber shall ensure that any Person authorized in writing by ICE Data has access, during normal business hours and upon reasonable notice to Subscriber, to any premises of Subscriber. In the presence of officials in charge of the premises, the authorized Person may (i) examine any component of Subscriber Equipment and software used for the purposes of this Agreement and located at the premises, and (ii) observe the use of Global Index Feed Data and all operations located or conducted at the premises and/or on the Subscriber Equipment, to monitor compliance with this Agreement.
Audit and Reports. 15.1 The Trust Fund shall be audited by a reputable firm of certified public accountants (“auditors”). The first auditors shall be appointed by the Company and shall continue in office until they are removed by the Company, or resign.
15.2 The financial year of the ESOS shall end on 31st March in each year but if the Company’s financial year end shall change to a date other than 31st March the Trustees shall amend the financial year end of the ESOS accordingly.
15.3 The Company, in consultation with the Trustees, shall fix the remuneration of the auditors from time to time which shall be payable by the Company.
15.4 The auditors shall review and audit annual financial statements of the Trust Fund and shall prepare a report thereon which shall be forwarded to the Trustees and the Company but not to the Unitholders.
15.5 The Trustees shall at least once in every financial year prepare and send to each Unitholder a statement of the number of Units registered in his name on the Register, the amount (if any) to be paid by a Unitholder in respect of his holding of Units and the latest available valuation of his holding of Units which shall be made by reference to the bid value of a Share as described in clause 3.5 multiplied by the number of Units registered in the name of each Unitholder.
15.6 The Company shall make disclosure in its annual report of all Units issued to its employees and shall disclose the total value of the ESOS (including the total number of Shares purchased through the NSE and the number of Units created and issued under the Scheme). For purposes of this sub-clause, the Trustees shall provide the Company with all required information.
Audit and Reports. The non-tax books and records of the Company and the Subsidiaries shall be reported on a consolidated basis in accordance with GAAP. The Managing Member shall furnish to each other Member (for the benefit of such Member and such Member’s direct and indirect constituent members, partners, shareholders and trustees):
(a) the reports and information described on Exhibit I attached hereto, within the time periods set forth thereon;
(b) within sixty (60) days after the end of each Fiscal Year, such Member’s estimated Schedule K-1 information for such Fiscal Year and within ninety (90) days after the end of each Fiscal Year, such Member’s Schedule K-1 for such Fiscal Year; and
(c) as soon as completed, copies of the U.S. federal and applicable state income tax returns of the Company for approval by the other Members, and information regarding reportable transactions, and any IRS Form 8886 (Reportable Transaction Disclosure Statement) filed by the Company, for each taxable year in which the Company participates in a “reportable transaction”. Once approved by the other Members, the Managing Member shall cause the Company to file all applicable returns. The Members (other than the Managing Member) shall approve or disapprove the income tax returns within thirty (30) days after delivery thereof (and a failure to respond within such time shall be subject to a Deemed Approval Notice). The Members shall cooperate in good faith to resolve any disputes relating to the propriety of such income tax returns such that all returns shall be filed in a timely manner. If the Members shall be unable to resolve any such dispute, a Member may elect, by written notice to the other Members, to submit such dispute for resolution by a nationally recognized independent accounting firm acceptable to the Members in the exercise of their reasonable judgment; provided, however, that the accounting firm resolving such dispute shall not be the principal accounting firm of the Member that shall elect to submit such dispute for resolution. The decision of such accounting firm with respect to a dispute shall be binding upon the Members. Certain financial reports and schedules described in this Section 11.3 may be dependent upon information to be provided to the Managing Member from third parties that are not Affiliates of the Managing Member. Therefore, notwithstanding the foregoing time periods, to the extent the Managing Member derives such information from any such third party, the Managing M...
Audit and Reports. Lender may periodically conduct compliance and quality control audits of the Loan Submissions submitted by Broker to Lender to re-verify any documentation and factual representations contained therein, and periodically conduct an audit of payments made by Broker to its employees in connection with Loans funded by Lender. Lender shall be entitled to audit Broker’s operations, practices, policies and procedures, and to inspect its premises, from time to time during business hours and upon reasonable notice, so that Lender may perform quality control tests and compliance audits. Broker shall cooperate with Lender and assist in such quality control and audit reviews. Broker shall provide to Lender such periodic reports requested from time to time relating to all payments made to Broker by Borrowers or relating to all payments or other benefits given by Broker to its employees, in connection with Loans funded by Lender, containing such information as Lender shall reasonably require. Upon a written request by Lender, Broker will submit to Lender a complete, approved set of its policies and procedures within 48 hours of the request, inclusive of the following: • AIR Policy • Loan Origination Policy • UDAAP Policy • Organization’s Hiring Policy • Security – GBLA Policy
Audit and Reports. (a) If requested by at least two members of the Committee, the books and records of the LLC shall be audited as of the end of each fiscal year of the LLC by a firm of independent accountants selected by three members of the Committee. Within 90 days after the end of each fiscal year, the LLC shall furnish to each Director a report setting forth as at the end of such fiscal year:
(i) a balance sheet and income statement (for each such fiscal year) of the LLC reported on by such accounting firm, if applicable;
(ii) such Member's Capital Account;
(iii) the amount of such Member's share in the LLC's taxable income or loss for such year, in sufficient detail to enable him or it to prepare his or its applicable federal, state and other tax returns; and
(iv) any other additional information which a Managing Director shall deem necessary or appropriate.
(b) A Managing Director shall prepare or cause to be prepared all applicable federal, state and local tax returns ("Returns") for each year for which such Returns are required to be filed. With the approval of at least three members of the Committee, a Managing Director shall also determine whether to make any applicable election, claim any available credit or adopt any other method or procedure relating to the preparation of the Returns, and shall have the power to take any and all action necessary or appropriate under applicable or relevant laws or regulations thereunder. All tax elections and determinations so made by the Managing Director shall be final and binding upon all Members and their respective successors, assigns, heirs and Legal Representatives.
Audit and Reports. Lender may periodically conduct compliance and quality control audits of the Loan Submissions submitted by Broker to Lender to re-verify any documentation and factual representations contained therein, and periodically conduct an audit of payments made by Broker to its employees in connection with Loans funded by Lender. Lender shall be entitled to audit Broker’s operations, practices, policies and procedures, and to inspect its premises, from time to time during business hours and upon reasonable notice, so that Lender may perform quality control tests and compliance audits. Broker shall cooperate with Lender and assist in such quality control and audit reviews. Broker shall provide to Lender such periodic reports requested from time to time relating to all payments made to Broker by Borrowers or relating to all payments or other benefits given by Broker to its employees, in connection with Loans funded by Lender, containing such information as Lender shall reasonably require.
Audit and Reports. 20.1 The ICC, its staff or a public accounting firm designated to represent the ICC or its staff shall be afforded free and unrestricted access, at all reasonable times following reasonable prior notice, to PA’s personnel, books, records, correspondence, receipts, vouchers, memoranda and other writings relating to this Agreement or the Services, including: (i) to verify the accuracy of the Services that PA claims to have performed; (ii) to perform any audit necessary to meet applicable regulatory requirements or to respond to any regulatory examination or query and (iii) to perform any audit required by applicable law. The ICC’s auditors and other representatives will comply with PA’s reasonable security requirements and the ICC shall use reasonable efforts to cause such audit firm(s) to agree in writing to protect the confidentiality of PA’s confidential and proprietary information. PA shall preserve all records required hereunder for a period of five (5) years after the final payment under this Agreement. PA shall also provide, in a timely manner, such reports as the ICC or its staff may reasonably require from time to time. PA represents that it shall require all of its subcontractors to be bound to the provisions of this Section.
20.2 The PA shall host a telephone conference with interested members of the public 45 days after the publication of the PA’s annual report on the Commission’s web site. The PA shall participate in the discussion of the PA’s annual report, annual audit and public comments posted on the Commission’s website. The PA is not obligated to implement any changes as a result of these discussions but may implement those suggestions that are practical and pragmatic to achieve the success of the program.
Audit and Reports. PacketNVR shall have the right to request monthly sales reports of the PacketNVR Software in a form to be mutually agreed to by the Parties. PacketNVR shall have the right throughout the Term of this Agreement, at its own expense, upon reasonable prior notice, once per year (unless the prior audit found an issue or underpayment of the applicable fees under this Agreement, in which case PacketNVR may audit GVI again at its sole discretion) to inspect and audit GVI’s sales of the PacketNVR Software for purposes of determining GVI’s compliance with the terms and conditions herein.
Audit and Reports. Licensee shall prepare and deliver to CMLS monthly reports on Sublicense Fees billed to and paid by Sublicensees. Such reports shall be delivered to CMLS no later than the fifteen 15th day of the month following the month during which Sublicense Fees were paid to Licensee. CMLS may at any reasonable time audit, inspect, and review the books and records of Licensee to determine Licensee’s compliance with the terms of this Agreement, at CMLS’ expense. If an audit discloses that Licensee has underpaid the Sublicense Fees, Licensee shall pay the amount of such underpayment, plus interest at the rate of ten percent (10%) per annum from the date such payment should have been made, within thirty (30) days of notice to Licensee of the underpayment. If an audit discloses an overpayment of Sublicense Fees, such overpayment shall be credited by CMLS to future payments of Sublicense Fees by Licensee.
Audit and Reports. The non-tax books and records of the Company and the Subsidiaries shall be reported on a consolidated basis in accordance with GAAP. The Managing Member shall furnish to each other Member (for the benefit of such Member and such Member’s direct and indirect constituent members, partners, shareholders and trustees):