Audit of Cost Sample Clauses

Audit of Cost. Generator shall have the right to receive such cost information as is reasonably necessary to verify the cost of the Lxxx Interconnection Facilities, the Protective Equipment, and Interconnection System Upgrades and that such cost was incurred in accordance with Good Utility Practice. Generator shall have the right to audit (a) the Project Manager’s, and to the extent applicable PNM’s and TNMP’s, accounts and records pertaining to the Lxxx Interconnection Facilities and Protective Equipment under this Agreement, and (b) a Utility’s accounts and records pertaining to any Interconnection System Upgrades made to the Utility’s transmission system under this Agreement, at the offices where such accounts and records are maintained, provided at least seven (7) Business Days’ notice is given prior to any audit, and provided further that the audit shall be limited to those portions of such accounts and records that relate to services provided under this Agreement. Costs billed pursuant to this Agreement for the design, engineering, procurement, and construction of the Lxxx Interconnection Facilities, Protective Equipment, and the Interconnection System Upgrades shall be subject to audit for a period of one (1) year following issuance of a final cost invoice in accordance with Article 7.2.2. All other costs billed pursuant to this Agreement shall be subject to audit for a period of one (1) year after the date the bxxx was rendered. The Project Manager, and to the extent applicable PNM and TNMP, and each Utility shall keep records and data related to all costs billed under this Agreement for a period equivalent to the audit periods described in this Article 7.1.3.
Sample 1
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Audit of Cost. Each Party shall have the right to receive such cost information as is reasonably necessary to verify the cost of the Interconnection System Upgrades and the EPE Interconnection Facilities constructed by the other Party and that such cost was incurred in accordance with Good Utility Practice. EPE shall have the right to receive such cost information as is reasonably necessary to verify the cost of Generator’s activities associated with the Interconnection System Upgrades and the EPE Interconnection Facilities and that such costs were incurred in accordance with Good Utility Practice. Each Party shall have the right to audit (a) the other Party’s accounts and records pertaining to the Interconnection System Upgrades and the EPE Interconnection Facilities, at the offices where such accounts and records are maintained, provided at least seven (7) Business Days’ notice is given prior to any audit, and provided further that the audit shall be limited to those portions of such accounts and records that relate to services provided under this Agreement. Costs incurred or billed pursuant to this Agreement for the design, engineering, procurement of equipment, and construction of the Interconnection System Upgrades and the EPE Interconnection Facilities, and the review and approval of the EPE Interconnection Facilities shall be subject to audit for a period of one (1) year following the issuance of a final cost invoice (in the case of costs billed by EPE), or a final statement of costs incurred (in the case of costs incurred by Generator), in accordance with Article 7.2.2. All other costs incurred or billed pursuant to this Agreement shall be subject to audit for a period of one (1) year after the date the xxxx was rendered. Generator and EPE shall keep records and data related to all costs billed or incurred under this Agreement for a period equivalent to the audit periods described in this Article 7.1.3. As a result of the audit, adjustments may be made to the costs established in Exhibit B for the EPE Interconnection Facilities and the Interconnection System Upgrades so that the final audited costs match the costs established in Exhibit B. It shall be the Operating Committee responsibility to reconcile the final audited costs with the costs established in Exhibit B.
Sample 1

Related to Audit of Cost

  • Payment of Costs Pay all costs and expenses required for the satisfaction of the conditions of this Agreement.

  • Reimbursement of Costs If, at any time, any Borrower requests any Lender to deliver any forms or other documentation pursuant to Section 2.14.6(d), then such Borrower shall, on demand of such Lender through Agent, reimburse such Lender for any costs and expenses (including reasonable attorney fees) reasonably incurred by such Lender in the preparation or delivery of such forms or other documentation.

  • Reimbursement of Costs and Expenses Seller shall have paid, or reimbursed Purchaser for, all reasonable and documented out-of-pocket expenses, including but not limited to reasonable legal fees of outside counsel and reasonable and due diligence fees, actually incurred by Purchaser in connection with the development, preparation and execution of this Agreement, the other Transaction Documents and any other documents prepared in connection herewith or therewith.

  • Payment of Costs and Expenses Except as otherwise specified in the applicable Terms Agreement, the Bank will pay all costs and expenses incident to the performance of its obligations and the obligations of the Issuing Entity under this Agreement and the applicable Terms Agreement, including, without limiting the generality of the foregoing, (i) all costs and expenses incident to the preparation, issuance, execution, authentication and delivery of the Notes, (ii) all costs and expenses incident to the preparation, printing and filing under the Act or the Exchange Act of the Registration Statement, the Prospectus and any preliminary prospectus and any Issuer Free Writing Prospectus (including in each case all exhibits, amendments and supplements thereto), (iii) all costs and expenses incurred in connection with the registration or qualification and determination of eligibility for investment of the Notes under the laws of such jurisdictions as the Underwriters may designate (including fees of counsel for the Underwriters and their disbursements), (iv) all costs and expenses related to any filing with the National Association of Securities Dealers, Inc., (v) all costs and expenses in connection with the printing (including word processing and duplication costs) and delivery of this Agreement, the applicable Terms Agreement, the FUSA Pooling and Servicing Agreement, the Chase Pooling and Servicing Agreement, the Indenture and any Blue Sky Memorandum and the furnishing to Underwriters and dealers of copies of the Registration Statement and the Prospectus as herein provided, (vi) the reasonable fees and disbursements of the Bank’s counsel and accountants, (vii) the reasonable fees and disbursements of the accountants and (viii) all costs and expenses payable to each Note Rating Agency in connection with the rating of the Notes, except that the Underwriters agree to reimburse the Bank for an amount, if any, specified in the applicable Terms Agreement on the Closing Date for application toward such expenses. It is understood that, except as specifically provided in Sections 7, 9, 10 and 13 of this Agreement, the Underwriters will pay all of their own fees, costs and expenses (including the fees and disbursements of its counsel), transfer taxes and any advertising expenses in connection with sales or offers from the Underwriters to third parties.

  • Payment of Costs and Fees The Borrower shall pay to the Administrative Agent all reasonable costs, out-of-pocket expenses, and fees and charges of every kind in connection with the preparation, negotiation, execution and delivery of this Amendment and any documents and instruments relating hereto (which costs include, without limitation, the reasonable fees and expenses of any attorneys retained by the Administrative Agent) to the extent provided in Section 10.5 of the Credit Agreement.

  • Allocation of Costs The Fund shall pay the cost of composition and printing of sufficient copies of its Prospectus and SAI as shall be required for periodic distribution to its shareholders and the expense of registering Shares for sale under federal securities laws. You shall pay the expenses normally attributable to the sale of Shares, other than as paid under the Fund's Distribution Plan under Rule 12b-1 of the 1940 Act, including the cost of printing and mailing of the Prospectus (other than those furnished to existing shareholders) and any sales literature used by you in the public sale of the Shares and for registering such shares under state blue sky laws pursuant to paragraph 8.

  • Allocation of Costs and Expenses The Company shall bear all costs and expenses for the administration of its business and shall reimburse the Advisor for any such costs and expenses that have been paid by the Advisor, or by any affiliate thereof, on behalf of the Company on the terms and conditions set forth in Section 6. These costs and expenses shall include, but not be limited to:

  • Recovery of Costs If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding (and any additional proceeding for the enforcement of a judgment) in addition to any other relief to which it or they may be entitled.

  • Attorneys’ Fees and Cost of Collection In the event any suit, action or arbitration is filed by either party against the other to interpret or enforce any of the Transaction Documents, the unsuccessful party to such action agrees to pay to the prevailing party all costs and expenses, including attorneys’ fees incurred therein, including the same with respect to an appeal. The “prevailing party” shall be the party in whose favor a judgment is entered, regardless of whether judgment is entered on all claims asserted by such party and regardless of the amount of the judgment; or where, due to the assertion of counterclaims, judgments are entered in favor of and against both parties, then the arbitrator shall determine the “prevailing party” by taking into account the relative dollar amounts of the judgments or, if the judgments involve nonmonetary relief, the relative importance and value of such relief. Nothing herein shall restrict or impair an arbitrator’s or a court’s power to award fees and expenses for frivolous or bad faith pleading. If (i) the Note is placed in the hands of an attorney for collection or enforcement prior to commencing arbitration or legal proceedings, or is collected or enforced through any arbitration or legal proceeding, or Investor otherwise takes action to collect amounts due under the Note or to enforce the provisions of the Note, or (ii) there occurs any bankruptcy, reorganization, receivership of Company or other proceedings affecting Company’s creditors’ rights and involving a claim under the Note; then Company shall pay the costs incurred by Investor for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees, expenses, deposition costs, and disbursements.

  • PAYMENT OF COSTS AND LEGAL FEES All reasonable costs and legal fees paid or incurred by Executive pursuant to any dispute or question of interpretation relating to this Agreement shall be paid or reimbursed by the Bank if Executive is successful on the merits pursuant to a legal judgment, arbitration or settlement.

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