Common use of Authority Right to Perform Audits Clause in Contracts

Authority Right to Perform Audits. Inspections, or Attestation Engagements. At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating the accuracy of payments to Authority or Company’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company maintains the needed documentation in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply.

Appears in 5 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

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Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating the accuracy of payments to Authority or Company’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company maintains the needed documentation in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article Section 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply.

Appears in 3 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term of this Agreement Contract or within three (3) years after the end of this AgreementContract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating determining payment eligibility under this Contract or over selected operations performed by Company under this Contract for the accuracy purpose of payments to Authority or Company’s determining compliance with other provisions of this AgreementContract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes Contract or any work order, as well as records of substantiating payments parent, affiliate and subsidiary companies and any subconsultants or compliancesubcontractors. If the records are maintained kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains the needed documentation its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, ) per calendar day for each item in a records request, per calendar record requested that is not received. Such damages may be assessed beginning on the fifteenth (15th) day or eighth (8th) day, for each time Company is late in submitting requested records to perform as applicable, following the engagementdate the request was made. Accrual of fee will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and Authority retains all rights, including but not limited to, its rights to elect its remedies and pursue all legal and equitable remedies. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply. If, as a result of any engagement, it is determined that Company has overcharged Authority, Company will re-pay Authority for such overcharge and Authority may assess interest up to twelve percent (12%) per year on the overcharge from the date the overcharge occurred. If it is determined that Company has overcharged Authority by more than three percent (3%) for the period under consideration, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to business records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract. Company agrees to comply with Section 20.055(5), Florida Statutes with respect to contracts entered by Company after the Effective Date of this Agreement and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

Appears in 2 contracts

Samples: Federal Governmental Affairs Consulting and Lobbying Services Contract, Federal Governmental Affairs Consulting and Lobbying Services Contract

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements SAMPLE At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating the accuracy of payments to Authority or Company’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company maintains the needed documentation in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article Section 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply.

Appears in 2 contracts

Samples: Space Rental Agreement, Space Rental Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. At any time or times during the Term of this Agreement or within three five (35) years after the end of this Agreement, the Authority, FAA, Federal Highway Administration, FDOT, FEMA, Florida Auditor General, Florida Inspector General, Florida Chief Financial Officer, and the Comptroller General of the United States, or its any duly authorized representativerepresentative of each (Auditors), will be permitted have the right to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating the accuracy of payments to Authority or Company’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors Auditors or will provide records electronically in a computer-readable format acceptable to the Auditors at no additional cost to conduct the engagement as set forth in this Article. In Company shall allow Auditors to photocopy any records the event Auditors determine to be necessary to conduct and support the engagement. Company maintains the needed documentation shall not charge Authority for any cost of retrieving, downloading to storage media and/or printing any records or transactions stored in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee such damages will continue until specific performance is accomplished. These liquidated damages are not an exclusive remedy and Authority retains its rights, including but not limited to, its rights to elect its remedies and pursue all legal and equitable remedies. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply. Auditors have the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to retain copies of any and all records as needed to support Auditor workpapers. If, as a result of any engagement, it is determined that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. Company agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Company will include a provision providing Authority the same access to business records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Agreement.

Appears in 2 contracts

Samples: Ground Service Equipment Facilities Space Rental Agreement, Space Rental Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. At any time or times during Engagements Notwithstanding Company’s requirement to submit the Term of this Agreement or within three (3) years after the end of this AgreementAnnual Report set forth herein, Authority, or its duly authorized representative, will be permitted have the right through the expiration of the third year after the expiration or termination of this Agreement and at all reasonable times, to initiate review all books, records, and perform auditscontracts of Company and where applicable, inspections all individuals or attestation engagements over Company’s records for the purpose of substantiating other business entities who are party to this Agreement, to substantiate the accuracy of payments reported Gross Receipts, Applicable Fees, Net Solution Sales and ARR, amounts paid to Authority or Authority, and Company’s compliance with other provisions of this Agreement. Free This includes, but is not limited to, financial statements, general ledgers, sales journals, daily or periodic summary reports, inventory and unrestricted access purchasing records, cash register or computer terminal tapes or reports, bank deposit slips, bank statements, cancelled checks, tax reports/returns filed with State or Federal entities, discount or rebate/allowance contracts, records of refunds or voids, and joint venture or partnership contracts. Such right of examination shall include cooperation by Company personnel (including, but not limited to, cooperation in sending confirmations to Company’s suppliers or others, assisting Authority in obtaining from governmental entities official copies of tax reports/returns, and disclosing all bank or other accounts into which Gross Receipts are deposited) as reasonably considered necessary by Authority, or its representatives, to complete the engagement. There may be no limitation in the scope of the engagement that would hinder Authority in testing the accuracy and completeness of the reported Gross Receipts, Applicable Fees, Net Solution Sales and ARR, and the amounts paid to Authority for Lab Products. All such books, records, and contracts shall be kept for a minimum period of five (5) years upon termination or expiration of this Agreement. Engagements will be granted conducted at the Airport. However, if agreed to all by Authority, the engagement can be conducted at another location. Company shall allow Authority representatives to photocopy any records the representatives determine to be necessary to conduct and support the engagement. Company shall provide Authority representatives with retrievals of computer-based record or transactions the representatives determine to be necessary to conduct the engagement. Company shall not charge Authority for reasonable use of Company’s photocopy machine while conducting the engagement, nor for any cost of retrieving, downloading to storage media and/or printing any records directly pertinent to this Agreement for purposes or transactions stored in magnetic, optical microform or other media. Company shall provide all records and retrievals requested within fourteen (14) calendar days of substantiating payments or compliancethe request. If the The Parties recognize that Authority will incur additional costs if records requested are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company maintains the needed documentation in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files not provided in a computer readable format acceptable timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority at no additional costmay assess liquidated damages in the amount of $100 per day for each record requested that is not received. Such damages may be assessed beginning on the eighth (8th) day following the date the request was made. Accrual of such damages will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and Authority has the right during the engagement retains all rights, including but not limited to, its rights to interview Company’s employees, subconsultants, elect its remedies and subcontractors, pursue all legal and to make photocopies of records as neededequitable remedies. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04Section 4.07. SAMPLE If the revenue share was overpaid, Company shall be entitled to a credit against Company’s next payment due to Authority. Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine comply with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00Section 20.055(5), Florida Statutes, and with respect to contracts entered by Company after the Effective Date of this Agreement, to incorporate in addition all subcontracts the obligation to all other contractual financial requirementscomply with Section 20.055(5), for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to complyFlorida Statutes.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating the accuracy of payments to Authority or Company’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company maintains the needed documentation in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply.

Appears in 1 contract

Samples: Space Rental Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term term of this Agreement Contract or within three (3) years after the end of this AgreementContract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating determining payment eligibility under this Contract or over selected operations performed by Company under this Contract for the accuracy purpose of payments to Authority or Company’s determining compliance with other provisions of this AgreementContract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes Contract or any work order, as well as records of substantiating payments parent, affiliate and subsidiary companies and any subconsultants or complianceSubcontractors. If the records are maintained kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains the needed documentation its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractorsSubcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, ) per calendar day, for each time Company is late in submitting requested records to perform record not received. Such damages may be assessed beginning on the engagementeighth (8th) day following the date the request was made. Accrual of such fee will continue until specific performance is accomplished. The Parties expressly agree If as a result of any engagement, it is determined that these liquidated damages are not a penalty Company has overcharged Authority, Company will re-pay Authority for overcharge and represent reasonable estimates Authority may assess interest of fair compensation up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that Company has overcharged Authority by more than three percent for the losses that reasonably may be anticipated from Company’s failure period under consideration, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to complybusiness records at the subconsultant and Subcontractor level in all of its subconsultant and Subcontractor agreements executed related to this Contract.

Appears in 1 contract

Samples: Contract for Grease Drainage System Preventative Maintenance

Authority Right to Perform Audits. Inspections, or Attestation Engagements. At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over CompanyAirline’s records for the purpose of substantiating the accuracy of payments to Authority or CompanyAirline’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of CompanyAirline’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company Airline will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company Airline maintains the needed documentation in electronic format, upon request by Authority auditors, Company Airline will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview CompanyAirline’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company Airline owes additional fees or charges to Authority, Company Airline will pay such additional fees and charges and Authority may assess interest in accordance with Article Section 7.04. SAMPLE Company Airline agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company Airline is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from CompanyAirline’s failure to comply.

Appears in 1 contract

Samples: Space Rental Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term term of this Agreement the Contract or within three (3) years after the end of this Agreementthe Contract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating determining payment eligibility under the accuracy Contract or over selected operations performed by Company under this Contract for the purpose of payments to Authority or Company’s determining compliance with other provisions of this Agreementthe Contract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes Contract or any work order, as well as records of substantiating payments parent, affiliate and subsidiary companies and any subconsultants or compliancesubcontractors. If the records are maintained kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains the needed documentation its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to the Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, ) per calendar day, for each time Company is late in submitting requested records to perform the engagementrecord not received. Accrual of fee such damages will continue until specific performance is accomplished. The Parties expressly agree If, as a result of any engagement, it is determined that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation Company has overcharged Authority, Company will re-pay Authority for the losses overcharge and the Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that reasonably may be anticipated from Company’s failure Company has overcharged Authority by more than three percent of the reimbursable amount, excluding any lump sum amount, contained in this Contract, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to complybusiness records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract.

Appears in 1 contract

Samples: Maintenance Contract

Authority Right to Perform Audits. Inspections, or Attestation Engagements. At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over CompanyXxxxxxx’s records for the purpose of substantiating the accuracy of payments to Authority or CompanyAirline’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of CompanyAirline’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company Airline will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company Airline maintains the needed documentation in electronic format, upon request by Authority auditors, Company Airline will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview CompanyAirline’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company Airline owes additional fees or charges to Authority, Company Airline will pay such additional fees and charges and Authority may assess interest in accordance with Article Section 7.04. SAMPLE Company Airline agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company Airline is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from CompanyAirline’s failure to comply.

Appears in 1 contract

Samples: Space Rental Agreement

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Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating the accuracy of payments to Authority or Company’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company maintains the needed documentation in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply.

Appears in 1 contract

Samples: Space Rental Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term of this Agreement the Contract or within three (3) years after the end of this Agreementthe Contract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating determining payment eligibility under the accuracy Contract or over selected operations performed by Company under this Contract for the purpose of payments to Authority or Company’s determining compliance with other provisions of this Agreementthe Contract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes Contract or any work order, as well as records of substantiating payments parent, affiliate and subsidiary companies and any subconsultants or compliancesubcontractors. If the records are maintained kept at locations other than the AirportAirport(s), Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to Company headquarters for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains the needed documentation its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to the Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority Company may assess liquidated damages in the amount be charged a penalty fee of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree If, as a result of any engagement, it is determined that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation Company has overcharged Authority, Company will re-pay Authority for the losses overcharge and the Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that reasonably may be anticipated from Company’s failure Company has overcharged Authority by more than three percent of the reimbursable amount, excluding any lump sum amount, contained in this Contract, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to complybusiness records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract. 13.01 Insurance

Appears in 1 contract

Samples: Landscape Maintenance Services Contract

Authority Right to Perform Audits. Inspections, or Attestation Engagements. At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over CompanyAirline’s records for the purpose of substantiating the accuracy of payments to Authority or CompanyAirline’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of CompanyAirline’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company Airline will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company Airline maintains the needed documentation in electronic format, upon request by Authority auditors, Company Airline will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview CompanyAirline’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company Airline owes additional fees or charges to Authority, Company Airline will pay such additional fees and charges and Authority may assess interest in accordance with Article Section 7.04. SAMPLE Company Airline agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company Airline is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from CompanyAirline’s failure to comply.

Appears in 1 contract

Samples: Space Rental Agreement

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term term of this Agreement Contract or within three (3) years after the end of this AgreementContract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating determining payment eligibility under this Contract or over selected operations performed by Company under this Contract for the accuracy purpose of payments to Authority or Company’s determining compliance with other provisions of this AgreementContract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes Contract or any work order, as well as records of substantiating payments parent, affiliate and subsidiary companies and any subconsultants or compliancesubcontractors. If the records are maintained kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to location of records for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains the needed documentation its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, ) per calendar day, for each time Company is late in submitting requested records to perform the engagementrecord not received. Accrual of fee such damages will continue until specific performance is accomplished. The Parties expressly agree If, as a result of any engagement, it is determined that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation Company has overcharged Authority, Company will re-pay Authority for the losses overcharge and Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that reasonably may be anticipated from Company’s failure Company has overcharged Authority by more than three percent of the reimbursable amount, excluding any lump sum amount, contained in this Contract, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to complybusiness records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract.

Appears in 1 contract

Samples: Maintenance Contract

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term of this Agreement Contract or within three (3) years after the end of this AgreementContract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating determining payment eligibility under this Contract or over selected operations performed by Company under this Contract for the accuracy purpose of payments to Authority or Company’s determining compliance with other provisions of this AgreementContract. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes Contract or any work order, as well as records of substantiating payments parent, affiliate and subsidiary companies and any subconsultants or compliancesubcontractors. If the records are maintained kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority team to location of records for purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority team. In the event Company maintains the needed documentation its accounting or Contract information in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, ) per calendar day, for each time Company is late in submitting requested records to perform the engagementrecord not received. Accrual of fee such liquidated damages will continue until specific performance is accomplished. The Parties expressly agree If, as a result of any engagement, it is determined that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation Company has overcharged Authority, Company will re-pay Authority for the losses overcharge and Authority may assess interest of up to twelve percent (12%) on the overcharge from the date the overcharge occurred. If it is determined that reasonably may be anticipated from Company’s failure Company has overcharged Authority by more than three percent of the reimbursable amount, excluding any lump sum amount, contained in this Contract, Company will also pay for the entire cost of the engagement. Company will include a provision providing Authority the same access to complybusiness records at the subconsultant and subcontractor level in all of its subconsultant and subcontractor agreements executed related to this Contract.

Appears in 1 contract

Samples: Maintenance Contract

Authority Right to Perform Audits. Inspections, or Attestation Engagements. Engagements At any time or times during the Term of this Agreement or within three (3) years after the end of this Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections or attestation engagements over Company’s records for the purpose of substantiating the accuracy of payments to Authority or Company’s compliance with other provisions of this Agreement. Free and unrestricted access will be granted to all of Company’s records directly pertinent to this Agreement for purposes of substantiating payments or compliance. If the records are maintained at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority auditors to conduct the engagement as set forth in this Article. In the event Company maintains the needed documentation in electronic format, upon request by Authority auditors, Company will provide a download or extract of data files in a computer readable format acceptable to Authority at no additional cost. Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors, and to make photocopies of records as needed. If, as a result of any engagement, it is established that Company owes additional fees or charges to Authority, Company will pay such additional fees and charges and Authority may assess interest in accordance with Article Section 7.04. SAMPLE Company agrees to deliver or provide access to all records requested by Authority auditors within seven (7) calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the Parties agree that Authority may assess liquidated damages in the amount of one hundred DocuSign Envelope ID: 592E0882-A82A-48D1-B8F8-29D404B52E52 dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per calendar day, for each time Company is late in submitting requested records to perform the engagement. Accrual of fee will continue until specific performance is accomplished. The Parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from Company’s failure to comply.

Appears in 1 contract

Samples: Space Rental Agreement

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