Compliance Check an audit of Vendor’s compliance with the Contract may be performed by, but not limited to, a third party auditor, DIR Internal Audit department, or DIR contract management staff or their designees.
Compliance Check. Compliance with the undertakings contained in Clause 12.4 shall be determined in each Financial Year:
(a) at the time the Agent receives the audited consolidated accounts of the Group and the unaudited consolidated accounts of the Group (pursuant to Clauses 11.6(a) and 11.6(b) respectively), by reference to the unaudited consolidated accounts in the case of the first three financial quarters in each Financial Year and for the fourth financial quarter in each Financial Year, initially by reference to the unaudited consolidated accounts for the relevant fourth quarter and, once available, by reference to the audited consolidated accounts for that Financial Year of the Group; and
(b) at any other time as the Agent may reasonably request by reference to such evidence as the Lenders may require to determine and calculate the financial covenants referred to in Clause 12.4. At the same time as it delivers the consolidated accounts referred to in this Clause 12.5, the Borrower shall deliver to the Agent a Compliance Certificate demonstrating its compliance (or not, as the case may be) with the provisions of Clause 12.4 signed by the chief financial officer of the Borrower.
Compliance Check an audit of Vendor’s compliance with the Contract may be
Compliance Check. Compliance with the undertakings contained in Clause 12.5 shall be determined by reference to the unaudited consolidated accounts for the first 3 financial quarters in each Financial Year of the Borrower and for the fourth financial quarter in each Financial Year of the Borrower, the audited consolidated accounts for that Financial Year of the Group delivered to the Facility Agent pursuant to this Agreement. At the same time as it delivers those consolidated accounts, the Borrower shall deliver to the Facility Agent a Compliance Certificate signed by the chief financial officer of the Borrower.
Compliance Check. Compliance with the undertakings contained in Clause 12.5 shall be determined as at 30 June and 31 December in each financial year of the Borrower by reference to, in the case of the compliance check as at 30 June, the unaudited consolidated accounts of the Group for the first 2 financial quarters in each financial year delivered by the Agent pursuant to this Agreement and for the compliance check as at 31 December in each financial year, the audited consolidated accounts for that financial year of the Group delivered to the Agent pursuant to this Agreement. At the same time as it delivers those consolidated accounts, the Borrower shall deliver to the Agent a Compliance Certificate signed by the chief financial officer of the Borrower.
Compliance Check. (i) Immediately following the expiration of the period to cure, it is essential to make a field check to ensure compliance. For example, in the case of cultivated, plowed, or destroyed grasslands, compliance will not be complete until reseeded grasses are established. Reseeding by the landowner or operator is only a first step to being in compliance. NRCS must be prepared to tell the landowner or operator that they will be out of compliance until the grassland habitats have been reestablished. This may take several years and may require mowing of weeds (with prior authorization) or reseeding (with prior authorization).
(ii) After the NRCS determines that the easement area has been remediated, send a certified letter notifying the landowner. Mention that any future violations may be referred to the AUSA for possible action. (See Subpart J, “Exhibits,” for a sample confirmation of remedied violation letter.)
(iii) In the event the subject does not comply, an attempt should be made to recontact the landowner. These efforts should be thoroughly documented in the case file. If efforts to obtain compliance are unsuccessful, the NRCS State office will notify OGC. NRCS, with XXX’s assistance, will draft and send a certified letter to the landowner indicating noncompliance and that the case is now being referred to the AUSA through OGC. (See Subpart J, “Exhibits,” for a sample notification letter of case submission to Department of Justice.)
Compliance Check. Immediately following the expiration of the period to cure, it is essential to make a field check to ensure compliance. NRCS must be prepared to tell the landowner-operator that they will be out of compliance until the wildlife habitat has been reestablished. If safe harbor agreements exist, FWS and NMFS must be contacted to determine effect of possible violation. · After the easement manager determines that the easement area has been remediated, send certified letter notifying the landowner. Mention that any future violations may be referred to the AUSA for possible action. · In the event the subject does not comply, an attempt will be made to contact the landowner. If efforts to obtain compliance are unsuccessful, the case must be forwarded to the State office and OGC. Send a certified letter to the landowner indicating that he or she is noncompliant, and the case is now being referred to the AUSA through OGC.
Compliance Check. In accordance with the milestone table in Article 3, during the development phase, the Network Service Provider shall demonstrate to the Eurosystem that the presented Technical Solution has the features and functionalities and complies with the technical requirements by performing a Compliance Check workflow more specifically described in Section 2 of Attachment 1.1 ("Technical Requirements and Compliance Check").
Compliance Check. Compliance with the undertakings contained in Clause 11.5 shall be determined as at each Compliance Date by reference to, in the case of the compliance check as at each of 31 March, 30 June and 30 September in each financial year, the unaudited consolidated accounts of the Group for the financial quarters ending on such date in each financial year delivered by the Lender pursuant to this Agreement and for the compliance check as at 31 December in each financial year, the audited consolidated accounts for that financial year of the Group delivered to the Lender pursuant to this Agreement. At the same time as it delivers those consolidated accounts, the Borrower shall deliver to the Lender a Compliance Certificate signed by the chief financial officer of the Borrower.
Compliance Check. Compliance with these Financial Covenants contained in Clause 11.18 shall be determined by reference (a) to the unaudited consolidated accounts for the first six months in each Financial Year of the Corporate Guarantor and (b) to the audited consolidated accounts for that Financial Year of the Corporate Guarantor for each Financial Year delivered to the Agent pursuant to this Agreement. The Borrowers shall deliver to the Agent semi-annually, at the same time they deliver the consolidated accounts to the Agent pursuant to Clause 11.18, a Compliance Certificate signed by the chief financial officer of the Corporate Guarantor.
