Common use of AUDITS AND ENFORCEMENT Clause in Contracts

AUDITS AND ENFORCEMENT. Throughout the Term of this Agreement and within six years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. and the certified statements and summaries described in Section 7.5. of Concessionaire, and Subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 days of receipt of written notice from the Director. If the inspection and audit establish that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

AUDITS AND ENFORCEMENT. 8.4.1. Throughout the Term of this Agreement and within six years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. and the certified statements and summaries described in Section 7.5. of Concessionaire, and Subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or the calculation of the applicable portion of the Minimum Guarantee Fee or Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 days of receipt of written notice from the Director. If the inspection and audit establish that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. 8.4.2. The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

AUDITS AND ENFORCEMENT. 8.4.1 Throughout the Term of this Agreement and within six years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. and the certified statements and summaries described in Section 7.5. of Concessionaire, and Subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or the calculation of the applicable portion of the Minimum Annual Guarantee or Fuel Per Gallon Fee and Convenience Store Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 days of receipt of written notice from the Director. If the inspection and audit establish establishes that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. . 8.4.2 The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

AUDITS AND ENFORCEMENT. 8.4.1. Throughout the Term of this Agreement and within six years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. 7.6.7.5 and the certified statements and summaries described in Section 7.5. 7.5.7.4 of Concessionaire, and Subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 days of receipt of written notice from the Director. If the inspection and audit establish that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. 8.4.2. The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

AUDITS AND ENFORCEMENT. 8.4.1. Throughout the Term of this Agreement and within six years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. and the certified statements and summaries described in Section 7.5. of Concessionaire, and Subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or the calculation of the applicable portion of the Minimum Guarantee Fee or Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 days of receipt of written notice from the Director. If the inspection and audit establish establishes that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. 8.4.2. The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

AUDITS AND ENFORCEMENT. 6.4.1 Throughout the Term of this Agreement and within six three years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. 6.4.1 and the certified statements and summaries described in Section 7.5. 6.3.1 of Concessionaire, and Subcontractors Concessionaire relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales Revenue or the calculation of the applicable portion of the Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the CityHAS, Concessionaire shall pay such additional compensation to the City HAS within 15 days of receipt of written notice from the Director. If the inspection and audit establish establishes that Concessionaire has overpaid the CityHAS, then such overpayment shall be credited to Concessionaire; however, in no event shall the City HAS be liable for interest if there has been an overpayment by Concessionaire. . 6.4.2 The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

AUDITS AND ENFORCEMENT. 8.4.1. Throughout the Term of this Agreement and within six five years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. and the certified statements and summaries described in Section 7.5. of Concessionaire, and Subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or the calculation of the applicable portion of the Minimum Guarantee Fee or Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 days of receipt of written notice from the Director. If the inspection and audit establish establishes that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. 8.4.2. The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

AUDITS AND ENFORCEMENT. 7.4.1 Throughout the Term of this Agreement and within six three (3) years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 fourteen (14) days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. 6.5 and the certified statements and summaries described in Section 7.5. 6.4 of Concessionaire, its joint venture partners and Subcontractors subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or the calculation of the applicable portion of the Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 fifteen (15) days of receipt of written notice from the Director. If the inspection and audit establish establishes that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. . 7.4.2 The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.