Common use of Authority's Right to Perform Audits, Inspections, or Attestation Engagements Clause in Contracts

Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual certified statement or an annual audit report, the Authority or its representative may at any time during the Term of this Agreement or within three (3) years after the end of 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 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 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 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 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. 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.

Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual certified statement or an annual audit report, the Authority or its representative may at any time during the Term of this Agreement or within three (3) years after the end of 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 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 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 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.. SAMPLE C. If, as a result of any engagement, it is determined that Company owes additional 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. E. Company agrees to comply with Section 20.055(5), Florida Statutes, and 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.

Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual certified statement or an annual audit report, the Authority or its representative may Upon written notice at any time or times during the Term term of this the Agreement or within three (3) years after the end of this the Agreement, Authority, or its duly authorized representative, will be permitted to initiate and perform audits, inspections, inspections or attestation engagements over all Company’s books and records for the purpose of verifying the rent, fees, or other charges hereunder or over selected operations performed by Company under this Agreement for the purpose of determining compliance with the Agreement. Free and unrestricted access Access will be granted to all of Company’s books and records, including the State 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 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 headquarters for the purpose purposes 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, subconsultantssub-consultants, and subcontractors subcontractors, make photocopies, and to make photocopies of inspect any and all records as needed. B. at reasonable times. Company agrees to deliver or to provide access to all records requested by the Authority’s auditors within fourteen (14) 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) 7 calendar days of each request. The Parties 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 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 or other charges to the Authority, Company will pay such amounts, 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 rent, fees, or underpaid fees related to Gross Receipts other charges 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. 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.

Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual certified statement or an annual audit report, the Authority or its representative may at any time during the Term of this Agreement or within three (3) years after the end of 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 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 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 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 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 DocuSign Envelope ID: CE9146BA-E4EF-40FF-9FA5-1CD4FAE8DD2B 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. E. Company agrees to comply with Section 20.055(5), Florida Statutes, and with respect to contracts entered by Company after the Effective Date of this Agreement and Agreement, to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's ’s Certified Statement requirement to submit an annual certified statement or an annual audit reporthereunder, the Authority or its representative may at any time during the Term of this Agreement or within three (3) years after the end of this Agreement, initiate and will be permitted to perform audits, inspections, or attestation engagements over of all or selected operations performed by Company under this Agreement. Free and unrestricted access will be granted examine all such books of accounts and records at any time during normal business hours, including all federal and state tax returns relating to all of Company’s books operations hereunder and records, including the State sales tax return franchisee/licensee records and audits of all business transactions and records of sale. There may be no limitation in the scope of the engagement that would hinder Authority in testing the accuracy and completeness of the reported revenue. If Company utilizes a parentcomputerized accounting system, affiliate, and/or subsidiary companies Authority will be provided downloaded information from the system for the purpose of verifying Gross Receipts. Company agrees that records and any subconsultants or subcontractors directly pertinent instruments will be available to Authority for at least three (3) years after the termination of this Agreement. If the books of accounts and records are kept at locations other than the Airport, Company will arrange for said records provide downloaded information from the system necessary 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 accomplish the purpose of undertaking said engagement. In such event, Company will pay reasonable costs this Section 6.03 within 30-days of transportation, food and lodging for the Authority’s teamrequest. 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, make copies and subcontractors inspect any and to make photocopies of all records as needed. B. upon request. Company agrees to deliver or to provide access to all records requested by the Authority’s auditors within fourteen (14) 30 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) 7 calendar days of each subsequent 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 will pay Authority liquidated damages of one hundred dollars ($100.00), in addition to all other contractual financial requirements, for each item in a records request, per request every calendar day, day for each time Company is late in submitting requested records to perform the engagement. Accrual of the fee Payment will continue until specific performance is accomplished. This liquidated damage rate is Payment will not an exclusive remedy and be offset against any other amount due Authority as detailed in this Agreement. In no event shall 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, set forth in this paragraph exceed $15,000.00. If as a result of any engagement, engagement it is determined that Company owes additional fees or other charges to the Authority, Company will pay such amounts, additional fees and the charges and Authority may assess interest of up to twelve percent (12%) 18% on the amount due from the date the amount was initially due. If it is determined established that Company has underreported Gross Receipts or underpaid fees related to Gross Receipts by three percent (3%) or more for the period under reviewconsideration, 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 may be paid by billed to Company. All payments will be due on the Authority. D. With respect to contracts entered by date stated within the transmittal letter accompanying the engagement results, but no less than fifteen (15) calendar days following issuance of said letter. If it is established that 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 underreported Gross Receipts or underpaid fees related to this Agreement. E. Company agrees Gross Receipts by seven percent (7%) or more for the period under consideration, Authority will be entitled to comply with Section 20.055(5), Florida Statutes, with respect to contracts entered by Company after the Effective Date of immediately terminate this Agreement and to incorporate in all subcontracts regardless of whether the obligation to comply with Section 20.055(5), Florida Statutesdeficiency is paid.

Authority's Right to Perform Audits, Inspections, or Attestation Engagements. A. Notwithstanding Company's requirement to submit an annual certified statement or an annual audit report, the Authority or its representative may at any time during the Term of this Agreement or within three (3) years after the end of 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 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 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 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 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. E. Company agrees to comply with Section 20.055(5), Florida Statutes, and with respect to contracts entered by Company after the Effective Date of this Agreement and Agreement, to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.