Books Records and Statements Sample Clauses

Books Records and Statements. 12.01. Operator shall, on behalf of Owner, keep full and adequate books of ??? and other records reflecting the results of operation of the Hotel on an ??? basis, in US currency and in local currency, in accordance within the requirements of the laws of the Country and in accordance with the Uniform System with such exceptions as may be required by the provisions of this??? as are consistent with ITTSC's standard practice in accounting under management contracts generally so long as exceptions do not affect the determination of Gross Operating Profit. 12.02. Except for record keeping for Centralized Services which shall be ??? at the location where the principal activities occur, the books of income and all other records relating to the operation of the Hotel shall be kept at the Hotel and all such books of account at the Hotel shall be kept Owner or Operator and their respective representatives at all reasonable times for examination, audit, inspection and transportation. Upon expiration or termination of this Contract, all such books and records forthwith shall be returned over to Owner but shall be available to Operator at all reasonable times for inspection, audit, examination and transaction for a period of seven (7) years. 12.03. Operator shall deliver to Owner, within ten (10) working days following the end of each Fiscal Month, a financial statement, showing the results of the operation of the Hotel for the immediately preceding Fiscal Month and for the Fiscal Year to date. Such statements shall: (i) be in the customary form prepared by Operator for a managed hotel; (ii) be taken from the books and record maintained by Operator in the manner hereinabove specified; and (iii) follow the general form set forth in the Uniform System. Operator shall be available at reasonable times to discuss with Owner the results set forth in the financial statement and the operations of the Hotel generally. In addition, all financial statements shall be accompanied by a written report explaining the figures provided. 12.04. Within ninety (90) days following the end of each Fiscal Year Operator shall deliver to Owner a financial statement certified by the Independent Auditor registered in the PRC, showing the result of operations in the Hotel during such Fiscal Year, and the Gross Operating Profit (Loss) for such Fiscal Year. Owner shall be deemed to have waived any objections to and certified statements not specified to Operator in writing within forty-five (45) days...
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Books Records and Statements. Section 9.01.
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Books Records and Statements. (a) GRANTEE shall maintain for three (3) years following the close of each License Year accurate books and DC 174881.1 02272 00307 5/23/00 3:15 PM -11- records which disclose: the amount of sales of the GOODS and the amount of sales, if any, which were made on a Close-Out or Off- Price basis; the amount of credits for returns and trade discounts; the amounts spent by GRANTEE in advertising the GOODS and the manner in which such sums were expended; and the amount of all royalties payable hereunder by GRANTEE and the manner in which such royalties were determined. (b) GRANTEE shall deliver to GOTTEX USA, within thirty (30) days after January 31, April 30, July 31, and October 31 in each License Year, a statement certified to be true and correct by GRANTEE's Chief Financial Officer, which discloses: the total gross invoice price of the GOODS sold during the period and the License Year to date, clearly indicating what percentage of the total is comprised of Close-Out or Off-Price sales, the amount of credits for returns and trade discounts, the amounts spent by GRANTEE in advertising the GOODS and the manner in which such sums were expended, and a computation of the amount of royalties payable hereunder in respect of Net Sales for the period and the License Year to date. The statement shall be in sufficient detail to be audited from the books of GRANTEE. Notwithstanding the foregoing, if the Monthly Royalties payable for the period from November 1 - May 31 of any License Year do not exceed the Guaranteed Royalty payable for the same period, GRANTEE shall not be obligated to render its first such statement for that License Year until July 31 of that License Year, and such statement shall encompass all Net Sales and royalties from the preceding November 1 through the preceding June 30. (c) GRANTORS, at their expense, shall have the right at any time during regular business hours, upon fifteen (15) business days notice to GRANTEE, to examine or audit the books and accounts and records of GRANTEE which pertain to the subject of this Agreement at GRANTEE'S office located as herein stated. GRANTEE shall render all possible assistance to GRANTORS and its accountants in connection therewith. GRANTORS shall be entitled DC 174881.1 02272 00307 5/23/00 3:15 PM -12- to exercise its inspection right twice each License Year during the Term of this Agreement and twice in each twelve (12) month period during the period of three (3) years after the expiration or termination of...
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Books Records and Statements. (a) The Manager shall, at the Owner’s expense, keep full and adequate books of account and other records reflecting the results of operations of the Hotels on an accrual basis. Manager shall provide to Owner daily reports, booking reports, payroll reports, accident reports, and all other records or reports of operations as and when produced. Such records shall show income and expenses in connection with the daily management, maintenance, use and operation of the Hotels, to the extent that any accounts payable, other obligations, cash, accounts receivable, and other assets pertaining to the management of the Hotels, can be identified and the proper amounts determined at all times. The Manager may make such modifications in its accounts as are consistent with the Manager’s standard practice in accounting for its operations. Manager shall deliver to Owner on a monthly basis a detailed statement of operating expenses. Owner shall transfer funds monthly from Owner’s Account to the Hotel Operating Account to pay for all proper operating expenses on a timely basis, unless otherwise paid by Owner. (b) The Manager shall cause to be prepared in accordance with generally accepted accounting principles on a monthly basis, a financial Profit and Loss statement showing in detail the financial operations of the Hotels. Balance sheets will be prepared on a monthly and on an annual basis. Profit and Loss statements are to be prepared and delivered to the Owner or its appointed representatives not later than twenty (20) days after the end of each month during the term of the Agreement. The Manager shall use its best efforts to cause to be prepared and delivered to the Owner within sixty (60) days after the end of each fiscal year financial statements reflecting the operations of the Hotels for such fiscal year. (c) At the option and expense of the Owner, exercisable at any time and for any period, the Manager shall employ a reputable recognized firm of certified public accountants to conduct an audit of the Manager’s books of account and other records reflecting the financial results of operations of the Hotels.
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Books Records and Statements. Escrow Agent shall at all times during the term of this Agreement keep and maintain true, correct, complete and current books and records with respect to the Escrow Account, and all investments thereof, earnings thereon and disbursements therefrom. Escrow Agent shall provide monthly statements to Borrower and GTA showing the balance of the Escrow Account, the earnings thereof and the disposition of earnings.
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Books Records and Statements. Manager agrees to keep adequate books and records in connection with all matters contemplated by this Agreement and/or required by any lease or law and to allow an authorized representative of Owner, at any reasonable time, to examine the same or any correspondence pertaining to transactions arising out of this Agreement. Throughout the continuation of this Agreement, Manager shall furnish Owner with the following statements concerning the operation of the Facilities at the times and in the manner specified: A. Not less than sixty (60) days prior to the beginning of each calendar year of the term of this Agreement, an annual operating budget, maintenance budget and cash flow forecast with respect to the Facilities for the next succeeding twelve (12) month period; and B. Within ninety (90) days after the expiration of each twelve (12) month period (based on a calendar year) of the term of this Agreement, financial statements of the Facilities for such twelve (12) month period.
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Books Records and Statements. 7.1 LICENSEE shall maintain for three (3) years following the close of each Contract Year accurate books and records which disclose, at a minimum, the following: the cost of sales of the Licensed Products, the amount of sales of the Licensed Products, the amount of credits for returns, trade discounts and customer's shipping costs, the amount of all Royalties payable hereunder by LICENSEE and the manner in which such Royalties were determined. 7.2 LICENSEE shall deliver to LICENSOR with each quarterly payment a detailed accounting statement showing the calculation of such Royalties payment. Such statement shall be in sufficient detail to be audited from the books of LICENSEE maintained pursuant to Section 7.1 hereof. By the 15th day of each month during the Contract Period, LICENSEE shall also provide LICENSOR with a preliminary tabulation of the sales and returns by customer and by Product model number for the prior month, for LICENSOR's use and analysis. 7.3 Annually, within ninety (90) days after the close of each Contract Year, LICENSEE shall furnish to LICENSOR a statement, certified to be true and correct by LICENSEE's Chief Financial Officer, that the accounting for sales is complete and correct, and the total sales of the Licensed Products to each retail account.
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Books Records and Statements 
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Related to Books Records and Statements

  • Books, Records and Financial Statements (a) The Company shall at all times maintain, at its principal place of business, separate books of account for the Company and its Subsidiaries that shall show a true and accurate record of all costs and expenses incurred, all charges made, all credits made and received and all income derived in connection with the operation of the Company and its Subsidiaries in accordance with GAAP consistently applied, and, to the extent inconsistent therewith, in accordance with this Agreement. Such books of account, together with a copy of this Agreement and the Articles, shall at all times be maintained at the principal place of business of the Company and shall be open to inspection and examination at reasonable times by each Member and its duly authorized representatives for any purpose reasonably related to such Member's interest in the Company. (b) The Officers shall prepare and maintain, or cause to be prepared and maintained, the books of account of the Company and its Subsidiaries. The following financial information, prepared in accordance with GAAP and applied on a basis consistent with prior periods, which shall be audited and certified to by an independent certified public accountant, shall be transmitted by the Company to each Member as soon as reasonably practicable and in no event later than sixty days after the close of each Fiscal Year: (i) the consolidated balance sheet of the Company as of the beginning and close of such Fiscal Year; (ii) the consolidated statement of Profits and Losses for such Fiscal Year; (iii) a statement of each Member's Capital Account as of the close of such Fiscal Year, and changes therein during such Fiscal Year; (iv) a consolidated statement of the Company's cash flows during such Fiscal Year; and (v) a statement indicating such Member's share of each item of Company income, gain, loss, deduction or credit for such Fiscal Year for income tax purposes, which statement shall include or consist of a Schedule K-1 to the Company's Internal Revenue Service Form 1065 (or any corresponding schedule to any successor form) for such Fiscal Year. (c) Within thirty days after the end of each fiscal quarter, the Company shall prepare and provide to each Member an unaudited consolidated balance sheet of the Company with respect to such quarter, a consolidated statement of the profits and losses of the Company for such quarter and a consolidated statement of cash flows during such quarter, each of which shall be prepared in accordance with GAAP, applied on a basis consistent with prior periods, and certified by the chief financial officer of the Company. (d) During the term of this Agreement (subject to applicable law and Section 15.10), the Company shall, and shall cause its Subsidiaries and officers, directors, employees, auditors and agents to, afford the officers, employees and agents of each of the other parties hereto and their respective Affiliates reasonable access at all reasonable times to its officers, employees, agents, properties, offices, plans and other facilities, books and records, and shall furnish such Persons with all financial, operating and other data and information as may be reasonably requested.

  • Books Records and Reports The Contractor shall establish and maintain accounts and other books and records 7 pertaining to administration of the terms and conditions of this Settlement Contract, including: 8 the Contractor's financial transactions, water supply data, and Project land and right-of-way 9 agreements; the water users' land-use (crop census), land ownership, land-leasing and water use 10 data; and other matters that the Contracting Officer may require. Reports thereon shall be 11 furnished to the Contracting Officer in such form and on such date or dates as the Contracting 12 Officer may require. Subject to applicable Federal laws and regulations, each party to this 13 Settlement Contract shall have the right during office hours to examine and make copies of each 14 other’s books and official records relating to matters covered by this Settlement Contract.

  • Books, Records and Inspections The Borrower will, and will cause each Restricted Subsidiary to, permit officers and designated representatives of the Administrative Agent or the Required Lenders to visit and inspect any of the properties or assets of the Borrower and any such Subsidiary in whomsoever’s possession to the extent that it is within such party’s control to permit such inspection (and shall use commercially reasonable efforts to cause such inspection to be permitted to the extent that it is not within such party’s control to permit such inspection), and to examine the books and records of the Borrower and any such Subsidiary and discuss the affairs, finances and accounts of the Borrower and of any such Subsidiary with, and be advised as to the same by, its and their officers and independent accountants, all at such reasonable times and intervals and to such reasonable extent as the Administrative Agent or the Required Lenders may desire (and subject, in the case of any such meetings or advice from such independent accountants, to such accountants’ customary policies and procedures); provided that, excluding any such visits and inspections during the continuation of an Event of Default (a) only the Administrative Agent on behalf of the Required Lenders may exercise rights of the Administrative Agent and the Lenders under this Section 9.2, (b) the Administrative Agent shall not exercise such rights more than two times in any calendar year and (c) only one such visit shall be at the Borrower’s expense; provided further that when an Event of Default exists, the Administrative Agent (or any of its respective representatives or independent contractors) or any representative of the Required Lenders may do any of the foregoing at the expense of the Borrower at any time during normal business hours and upon reasonable advance notice. The Administrative Agent and the Required Lenders shall give the Borrower the opportunity to participate in any discussions with the Borrower’s independent public accountants.

  • Books, Records and Tax Returns (Check One) ☐ - SINGLE-MEMBER: The Company shall maintain complete and accurate books and records of the Company's business and affairs as required by the Statutes and such books and records shall be kept at the Company's Registered Office and shall in all respects be independent of the books, records and transactions of the Member. The Company's fiscal year shall be the calendar year with an ending month of December. The Member intends that the Company, as a single member LLC, shall be taxed as a sole proprietorship in accordance with the provisions of the Internal Revenue Code. Any provisions herein that may cause may cause the Company not to be taxed as a sole proprietorship shall be inoperative.

  • Books Records and Accounting The General Partner shall keep or cause to be kept at the registered office of the Partnership appropriate books and records with respect to the Partnership’s activities and affairs. Any books and records maintained by or on behalf of the Partnership in the regular course of its activities and undertakings, including the record of the Record Holders, books of account and records of Partnership proceedings, may be kept on information storage devices, provided, that the books and records so maintained are convertible into clearly legible written form within a reasonable period of time. The books of the Partnership shall be maintained, for financial reporting purposes, on an accrual basis in accordance with IFRS-IASB. In accordance with Bermuda Law, the records of account and registers will be kept available for inspection by any Limited Partner or its duly authorized representatives during regular business hours at the registered office of the Partnership. Limited Partners shall not have access to any information of the Partnership contained in its books and records which the General Partner is required by legal or contractual restriction to keep confidential or which, in the opinion of the General Partner, acting reasonably, should be kept confidential in the interests of the Partnership or may be kept confidential as provided in this Agreement, and each Limited Partner hereby waives any right to greater access to the books and records of the Partnership than is permitted herein, to the greatest extent permitted by Law.

  • Books, Records and Accounts Custodian acknowledges that all the records it shall prepare and maintain pursuant to this Agreement shall be the property of Fund and that upon request of Fund it shall make Fund's records available to it, along with such other information and data as are reasonably requested by Fund, for inspection, audit or copying, or turn said records over to Fund. Custodian shall, within a reasonable time, render to Fund as of the close of business on each day, a detailed statement of the amounts received or paid and of securities received or delivered for the account of Fund during said day. Custodian shall, from time to time, upon request by Fund, render a detailed statement of the securities and monies held for Fund under this Agreement, and Custodian shall maintain such books and records as are necessary to enable it do so and shall permit such persons as are authorized by Fund, including Fund's independent public accountants, to examine such records or to confirm the contents of such records; and, if demanded, shall permit federal and state regulatory agencies to examine said securities, books and records. Upon the written instructions of Fund or as demanded by federal or state regulatory agencies, Custodian shall instruct any sub- custodian to permit such persons as are authorized by Fund to examine the books, records and securities held by such sub-custodian which relate to Fund.

  • Books and Records Reports (a) The Trustees shall keep a certified copy or duplicate original of this Trust Agreement on file at the office of the Trust and the office of the Administrator available for inspection at all reasonable times during its usual business hours by any Holder. The Trustees shall keep proper books of record and account for all the transactions under this Trust Agreement at the office of the Trust and the office of the Administrator, and such books and records shall be open to inspection by any Holder at all reasonable times during usual business hours. The Trustees shall retain all books and records in compliance with Section 31 of the Investment Company Act and the rules and regulations thereunder. (b) With each payment to Holders the Paying Agent shall set forth, either in the instruments by means of which payment is made or in a separate statement, the amount being paid from the Trust Account expressed as a dollar amount per STRYPES and the other information required under Section 19 of the Investment Company Act and the rules and regulations thereunder. The Trustees shall prepare and file or distribute reports as required by Section 30 of the Investment Company Act and the rules and regulations thereunder. The Trustees shall prepare and file such reports as may from time to time be required to be filed or distributed to Holders under any applicable state or Federal statute or rule or regulation thereunder, and shall file such tax returns as may from time to time be required under any applicable state or Federal statute or rule or regulation thereunder. One of the Trustees shall be designated by resolution of the Trustees to make the filings and give the notices required by Rule 17g-1 under the Investment Company Act. (c) In calculating the net asset value of the Trust as required by the Investment Company Act, (i) the U.S. Treasury Securities will be valued at the mean between the last current bid and asked prices or, if quotations are not available, as determined in good faith by the Trustees, (ii) short-term investments having a maturity of 60 days or less will be valued at cost with accrued interest or discount earned included in interest receivable and (iii) the Contract will be valued at the mean of the bid prices received by the Administrator from at least three independent broker-dealer firms unaffiliated with the Trust to be named by the Trustees who are in the business of making bids on financial instruments similar to the Contract and with terms comparable thereto.

  • Books and Records; Audits (i) Contractor shall maintain complete and accurate accounting records, and shall retain such records for a period of three (3) years following the date of the invoice to which they relate. (ii) Company (and its duly authorized representatives) shall be entitled to (a) audit such books and records as they relate to the Services performed hereunder, upon reasonable notice to Contractor and during normal business hours, and (b) make copies and summaries of such books and records for its use. If Company discovers an overpayment in the amounts paid by Company to Contractor for any period under audit (an “Audit Overpayment”), Contractor shall promptly pay such Audit Overpayment to Company. In the event that any such Audit Overpayment shall be in excess of five percent (5%) of the aggregate payments made by Company in respect of the applicable period under audit, Contractor shall also reimburse Company for all reasonable costs and expenses incurred by Company in connection with such audit and the collection of the Audit Overpayment. If any such Audit Overpayment shall be in excess of ten percent (10%) of the aggregate payments made by Company in respect of the applicable period under audit, Company shall have the right to re-audit, at Contractor’s expense, Contractor’s books and records for any and all past years (since the commencement of this Agreement). (iii) In the event Contractor determines that it has any inquiries, problems or believes there are errors or discrepancies with respect to any amounts due pursuant to this Agreement, Contractor agrees to give Company written notice thereof within ninety (90) days from the date that the work which gave rise to the inquiry, problem and/or discrepancy, etc. was performed. Contractor’s failure to give Company such notice shall constitute a waiver of any and all rights which Contractor may have to any adjustment, charge or reimbursement by reason thereof.

  • Books Records Reports and Bank Accounts 8.1 Maintenance of Books 45 8.2 Reports 46 8.3 Information Rights 46 8.4 Bank Accounts 46 8.5 Fiscal Year 46

  • Inspection of Books and Records Contractor will permit County, or any duly authorized agent of County, to inspect and examine the books and records of Contractor for the purpose of verifying the amount of work performed under the Scope of Services. County’s right to inspect survives the termination of this Agreement for a period of four years.

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