Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual statement, Authority or its representative may at any time during the term of the Agreement or within three years after the end of the Agreement, initiate and perform audits, inspections, or attestation engagements over all or selected operations performed by Company under this Agreement. Free and unrestricted access will be granted to all of Company’s books and records, including the State of Florida sales tax return records and records of a parent, affiliate, and/or subsidiary companies and any subconsultants or subcontractors directly pertinent to this Agreement. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority’s auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority’s team to Company’s location of records for the purpose of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority’s team. In the event Company maintains the requested records in electronic format, upon request by Authority’s 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. B. Company agrees to deliver or to provide access to all records requested by Authority’s auditors within 14 calendar days of the request at the initiation of the engagement and to deliver or to provide access to all other records requested during the engagement within seven calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority’s 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 Company may be charged liquidated damages of $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 the fee will continue until specific performance is accomplished. C. If, as a result of any engagement, it is determined that Company owes additional rent, fees, or other charges to Authority, Company will pay such amounts, and Authority may assess interest up to 12% on the amount due from the date the amount was initially due. If it is determined that Company has underreported Gross Receipts or underpaid fees related to Gross Receipts by three percent (3%) or more for the period under review, Company will also pay for the entire cost of the engagement.
Appears in 14 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual statementperiodic reports, Authority or its representative may at any time during the term of the this Agreement or within three years after the end of the this Agreement, initiate and perform audits, inspections, or attestation engagements over all or selected operations performed by Company under this Agreement. Free and unrestricted access will be granted to all of Company’s books and records, including the State of Florida sales tax return records books and records of a parent, affiliate, and/or subsidiary companies companies, and books and records of any subconsultants or subcontractors directly pertinent to this Agreement. If the books and records are kept at locations other than the Airport, Company will arrange for said books and records to be brought to a location convenient to Authority’s auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority’s team to Company’s location of books and records for the purpose of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority’s team. In the event Company maintains the requested books and records in electronic format, upon request by Authority’s 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 books and records as needed.
B. Company agrees to deliver or to provide access to all books and records requested by Authority’s auditors within 14 calendar days of the request at the initiation of the engagement and to deliver or to provide access to all other books and records requested during the engagement within seven calendar days of each request. The Parties recognize that Authority will incur additional costs if books and records requested by Authority’s 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 Company may be charged liquidated damages of $100.00, in addition to all other contractual financial requirements, for each item in a books and records request, per calendar day, for each time Company is late in submitting requested books and records to perform the engagement. Accrual of the fee will continue until specific performance is accomplished.
C. If, as a result of any engagement, it is determined that Company owes additional rent, fees, or other charges to Authority, Company will pay such amounts, and Authority may assess interest up to 12% on the amount due from the date the amount was initially due. If it is determined that Company has underreported Gross Receipts or underpaid fees related to Gross Receipts by three percent (3%) or more for the period under review, Company will also pay for the entire cost of the engagement.
Appears in 10 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual statementcertified statement or an annual audit report, the Authority or its representative may at any time during the term Term of the this Agreement or within three (3) years after the end of the this Agreement, initiate and perform audits, inspections, or attestation engagements over all or selected operations performed by Company under this Agreement. Free and unrestricted access will be granted to all of Company’s books and records, including the State of Florida sales tax return records and DocuSign Envelope ID: 592E0882-A82A-48D1-B8F8-29D404B52E52 records of a parent, affiliate, and/or subsidiary companies and any subconsultants or subcontractors directly pertinent to this Agreement. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to the Authority’s auditors to conduct the engagement as set forth in this Article. Or, Company may transport the Authority’s team to Company’s location of records for the purpose of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for the Authority’s team. In the event Company maintains the requested records in electronic format, upon request by the Authority’s auditors, Company will provide a download or extract of data files in a computer readable format acceptable to the Authority at no additional cost. The Authority has the right during the engagement to interview Company’s employees, subconsultants, and subcontractors and to make photocopies of records as needed.
B. Company agrees to deliver or to provide access to all records requested by the Authority’s auditors within 14 fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or to provide access to all other records requested during the engagement within seven (7) calendar days of each request. The Parties recognize that the Authority will incur additional costs if records requested by the Authority’s 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 Company may be charged liquidated damages of $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 the fee will continue until specific performance is accomplished. This liquidated damage rate is not an exclusive remedy and the 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.
C. If, as a result of any engagement, it is determined that Company owes additional rent, fees, fees or other charges to the Authority, Company will pay such amounts, and the Authority may assess interest up to twelve percent (12% %) on the amount due from the date the amount was initially due. If it is determined that Company has underreported Gross Receipts or underpaid fees related to Gross Receipts by three percent (3%) or more for the period under review, Company will also pay for the entire cost of the engagement. If as a result of any engagement, it is established that Company has correctly reported or over reported fees or other charges or has paid fees or other charges greater than the sum due, the Authority shall refund Company and the entire expense of the engagement shall be paid by the Authority.
D. With respect to contracts entered by Company after the Effective Date of this Agreement, Company will seek to include a provision providing the 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. DocuSign Envelope ID: 592E0882-A82A-48D1-B8F8-29D404B52E52
E. 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 1 contract
Samples: Operating Agreement
Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual statementNo more than once annually unless required by law, Authority or its representative may at any time during the term Term of the Agreement this Contract or within three (3) years after the end of the Agreementthis Contract, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections, inspections or attestation engagements over all Company’s records for the purpose of determining payment eligibility under this Contract or over selected operations performed by Company under this AgreementContract for the purpose of determining compliance with this Contract. Free and unrestricted access will be granted to all of Company’s books and recordsrecords directly pertinent to this Contract, including the State of Florida sales tax return records and as well as records of a parent, affiliate, and/or affiliate and subsidiary companies and any subconsultants or subcontractors directly pertinent to this Agreementsubcontractors. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority’s Authority auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority’s Authority team to Company’s location of records for the purpose purposes of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority’s Authority team. In the event Company maintains the requested records its accounting or Contract information in electronic format, upon request by Authority’s 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 subcontractors, and to make photocopies of records as needed.
B. . Company agrees to deliver or to provide access to all records requested by Authority’s Authority auditors within 14 calendar fourteen (14) days of the request at the initiation of the engagement and to deliver or to provide access to all other records requested during the engagement within seven calendar (7) days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority’s 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 Company Authority may be charged 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 the fee such damages will continue until specific performance is accomplished.
C. . If, as a result of any engagement, it is determined that Company owes additional rent, fees, or other charges to has underpaid Authority, Company will pay such amounts, Authority the amount owed and Authority may assess interest of up to twelve percent (12% %) on the amount due from the date the amount was initially due. If it is determined that Company has underreported Gross Receipts or underpaid fees 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 Gross Receipts by three percent (3%) or more for the period under review, Company will also pay for the entire cost of the engagementthis Contract.
Appears in 1 contract
Samples: Space Rental Contract
Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual statement, Authority or its representative may at any time during the term of the Agreement or within three years after the end of the Agreement, initiate and perform audits, inspections, or attestation engagements over all or selected operations performed by Company under this Agreement. Free and unrestricted access will be granted to all of Company’s books and records, including the State of Florida sales tax return records and records of a parent, affiliate, and/or subsidiary companies and any subconsultants or subcontractors directly pertinent to this Agreement. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority’s auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority’s team to Company’s location of records for the purpose of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority’s team. In the event Company maintains the requested records in electronic format, upon request by Authority’s 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.
B. Company agrees to deliver or to provide access to all records requested by Authority’s auditors within 14 calendar days of the request at the initiation of the engagement and to deliver or to provide access to all other records requested during the engagement within seven calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority’s 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 Company may be charged liquidated damages of $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 the fee will continue until specific performance is accomplished.
C. If, as a result of any engagement, it is determined that Company owes additional rent, fees, or other charges to Authority, Company will pay such amounts, and Authority may assess interest up to 12% on the amount due from the date the amount was initially due. If it is determined that Company has underreported Gross Receipts gross receipts or underpaid rents or fees related to Gross Receipts gross receipts by three percent (3%) or more for the period under review, Company will also pay for the entire cost of the engagement.
Appears in 1 contract
Samples: Lease and License Agreement for Commercial Fixed Base Operation
Authority's Right to Perform Audits, Inspections, or Attestation Engagements. SAMPLE
A. Notwithstanding Company's requirement to submit an annual statement, Authority or its representative may at any time during the term of the Agreement or within three years after the end of the Agreement, initiate and perform audits, inspections, or attestation engagements over all or selected operations performed by Company under this Agreement. Free and unrestricted access will be granted to all of Company’s books and records, including the State of Florida sales tax return records and records of a parent, affiliate, and/or subsidiary companies and any subconsultants or subcontractors directly pertinent to this Agreement. If the records are kept at locations other than the Airport, Company will arrange for said records to be brought to a location convenient to Authority’s auditors to conduct the engagement as set forth in this Article. Or, Company may transport Authority’s team to Company’s location of records for the purpose of undertaking said engagement. In such event, Company will pay reasonable costs of transportation, food and lodging for Authority’s team. In the event Company maintains the requested records in electronic format, upon request by Authority’s 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.
B. Company agrees to deliver or to provide access to all records requested by Authority’s auditors within 14 calendar days of the request at the initiation of the engagement and to deliver or to provide access to all other records requested during the engagement within seven calendar days of each request. The Parties recognize that Authority will incur additional costs if records requested by Authority’s 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 Company may be charged liquidated damages of $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 the fee will continue until specific performance is accomplished.
C. If, as a result of any engagement, it is determined that Company owes additional rent, fees, or other charges to Authority, Company will pay such amounts, and Authority may assess interest up to 12% on the amount due from the date the amount was initially due. If it is determined that Company has underreported Gross Receipts or underpaid fees related to Gross Receipts by three percent (3%) or more for the period under review, Company will also pay for the entire cost of the engagement.
Appears in 1 contract
Samples: Operating Agreement