Compliance Verification Sample Clauses

Compliance Verification. (1) The recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The recipient must use Standard Form (SF) 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (2) The recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor’s submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Recipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. Recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (3) The recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the recipient must spot check payroll data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations, the recipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (4) The recipient shall periodically review contractor and subcontractor use of apprentices and trainees to verify registration and certific...

Compliance Verification. Upon the Province’s request, the Contractor must provide, at no additional cost, the following security reports to the Province at least every six months during the Term: vulnerability scan reports of those Systems providing the Services; and patch status reports for those Systems providing the Services. In addition to any other rights of inspection the Province may have under this Agreement or under statute, the Province has the rights, at any reasonable time and on reasonable notice to the Contractor, to: request the Contractor to verify compliance with this Schedule and to keep security controls documentation or records to support compliance; and enter on the Contractor premises and Facilities to inspect and to validate the Contractor’s compliance with the security obligations under this Agreement The Contractor must permit, and provide reasonable assistance to, the exercise by the Province of the Province’s rights under this section. If any non-compliance or deficiency is found, the Province may (in addition to any other rights it may have) require the Contractor, at the Contractor’s expense, to develop and implement a corrective action plan within a reasonable time.

Compliance Verification. The State may, at its sole discretion, require evidence of compliance from the Consultant and its Subconsultant(s). Should the Department request evidence of compliance, the Consultant shall complete and return the Consultant Employment Record Verification Form and Employee Verification Worksheet provided by the Department, no later than 21 days from receipt of the request for such information. Listing of the compliance verification procedure specified above does not preclude the Department from utilizing other means to determine compliance. The Department retains the legal right to inspect the papers of any employee who works on the Contract to ensure that the Consultant and its Subconsultant(s) is/are complying with the warranty specified in this Section.

Compliance Verification. In order to verify Customer’s compliance with this Agreement, Customer shall maintain accurate records sufficient to confirm Customer’s compliance with this Agreement and the license provisions hereunder. Customer shall provide 3DS with access to such records within three (3) business days from such request. 3DS may also conduct an audit (i) on Customer’s premises, or on the premises where 3DS Offerings are installed, during normal business hours, in a manner that minimizes disruption to Customer’s business, or (ii) for Online Services on Customer Data, to verify that its use of the 3DS products is compliant with the terms of a valid agreement. Customer shall provide 3DS with machine access, copies of system tools outputs, and allow execution of all appropriate tools generating audit records within two (2) business days from 3DS’s request. 3DS may appoint a third party to conduct any such verification and such party shall have access to the records, premises and machines as detailed above. If the audit reveals unauthorized use of any 3DS Offering, Customer shall promptly pay 3DS any amount owed as a result of such unauthorized use at the then-current list price. If such unauthorized use is five percent (5%) or greater of Customer’s authorized use for the applicable 3DS Offering, then in addition to Customer paying the applicable fees, Customer shall reimburse 3DS for the cost of such audit. By invoking the rights and procedures described above, 3DS does not waive its rights to enforce this Agreement or to protect its intellectual property by any other means permitted by law.

Compliance Verification. If You are a business entity, You must: (a) maintain and use systems and procedures that allow You to accurately track Your use of the Software; (b) certify to Dell in writing, at Dell’s request, that Your use of Software fully complies with this ▇▇▇▇, indicating the number of Software licenses deployed at that time; and (c) cooperate fully and timely with Dell and its auditors if Dell notifies You that it will conduct an audit to confirm Your compliance with this ▇▇▇▇. Any such audit will be conducted during normal business hours. If Dell determines that You have over-deployed Software, You agree to immediately purchase licenses at the then-current list price to bring Your use into compliance. If You over-deployed Software by 5% or more, then You agree to pay the total cost of the audit, in addition to any other liabilities You may have.

Compliance Verification. Customer agrees to maintain and use systems and procedures to accurately track, document, and report its installations, acquisitions and usage of the Software. Such systems and procedures shall be sufficient to determine if Customer’s deployment of the Software or, if applicable, use of the SaaS Software is within the quantities, Product Terms, and maintenance releases to which it is entitled. Quest or its designated auditing agent shall have the right to audit Customer's deployment of the Software or, if applicable, use of the SaaS Software for compliance with the terms and conditions of this Agreement and the applicable Order(s). Any such audits shall be scheduled at least ten (10) days in advance and shall be conducted during normal business hours at Customer's facilities and shall be in accordance with Ordering Activity’s security requirements. Customer shall provide its full cooperation and assistance with such audit and provide access to the applicable records and computers. Without limiting the generality of the foregoing, as part of the audit, Quest may request, and Customer agrees to provide, a written report, signed by an authorized representative, listing Customer's then current deployment of On-Premise Software and/or the number of individuals that have accessed and used SaaS Software. If Customer's deployment of the Software or, if applicable, use of the SaaS Software is found to be greater than its purchased entitlement to such Software, Customer will be invoiced for the over-deployed quantities at Quest’s then current GSA Schedule list price plus the applicable Maintenance Services. All such amounts shall be payable in accordance with this Agreement. The requirements of this Section shall survive for two (2) years following the termination of the last License governed by this Agreement.

Compliance Verification. IBM’s right to verify Customer's usage data and other information affecting the calculation of charges also includes the right to verify Customer’s compliance with other terms of this Agreement (including applicable Attachments and Transaction Documents) relating to Customer’s use of ICA Programs at all sites and for all environments in which Customer installs or uses ICA Programs for any purpose. IBM may use an independent auditor to assist with such verification, provided IBM has a written confidentiality agreement in place with such auditor. Customer agrees to create, retain, and provide to IBM and its auditors written records, system tools outputs, and other system information sufficient to provide auditable verification that Customer's installation and use of ICA Programs complies with the Agreement terms, including IBM’s applicable licensing and pricing terms. IBM will notify Customer in writing if any such verification indicates that Customer is not in compliance with Agreement terms. The rights and obligations in this section remain in effect during the period any ICA Programs are licensed to Customer and for two years thereafter.

Compliance Verification. Client agrees to create, retain, and provide to IBM and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that Client's use of all EPs is in compliance with this Agreement including the licensing and pricing qualification terms referenced in this Agreement (Passport Advantage Terms). Client is responsible for 1) ensuring that it does not exceed its authorized use, and 2) remaining in compliance with Passport Advantage Terms. Upon reasonable notice, IBM may verify Client's compliance with Passport Advantage Terms at all Sites and for all environments in which Client uses (for any purpose) EPs subject to Passport Advantage Terms. Such verification will be conducted in a manner that minimizes disruption to Client's business, and may be conducted on Client's premises, during normal business hours. IBM may use an independent auditor to assist with such verification, provided IBM has a written confidentiality agreement in place with such auditor. Client agrees that, upon written notice from IBM and the independent auditor, any confidential information provided to the independent auditor or to IBM through the independent auditor, as reasonably required for compliance verification, shall be provided, and Client consents to the exchange of such information, pursuant to the terms of the IBM Agreement for the Exchange of Confidential Information (AECI) or such other general confidentiality agreement in place between Client and IBM, unless Client and the independent auditor agree, in writing, to the use of an alternate confidentiality agreement within 60 days of a request for verification information. IBM will notify Client in writing if any such verification indicates that Client has used any EPs in excess of its authorized use or is otherwise not in compliance with Passport Advantage Terms. Client agrees to promptly pay directly to IBM the charges that IBM specifies in an invoice for 1) any such excess use, 2) IBM Software Subscription and Support and Selected Support for such excess use for the lesser of the duration of such excess use or two years, and 3) any additional charges and other liabilities determined as a result of such verification.

Compliance Verification. Licensee must have a commercially-reasonable process in place to track (i) the number of Licensed Developers using the Licensed Software, (ii) with regard to the licensing of Licensed Devices, the number of physical computing devices on which the Applications are deployed, as well as the platforms used by and the number of CPUs and cores contained on such physical computing devices, (iii) with regard to licensing of Licensed Users, the number of Licensed Users in order to ensure that the appropriate license fees have been paid, and, (iv) with regard to the licensing of Licensed Instances, the scope of usage of Applications on such virtual computing instances in order to ensure that the appropriate license fees have been paid. Licensee will, upon Rogue Wave’s request, certify in writing the number of Licensed Developers and Licensed Users using the Licensed Software and/or the number and deployment details of physical computing devices and/or virtual computing instances on which the Licensed Software is deployed, on a per product bundle, or per project, of the Licensed Software basis. In the event Licensee fails to provide such certification within thirty (30) days of Rogue Wave’s written request, or, if Rogue Wave reasonably believes that a certification provided by Licensee is inaccurate, then upon providing Licensee with advance written notice, Rogue Wave, or a mutually approved independent representative, will be permitted to verify Licensee’s compliance with the terms of this License Agreement. Any such verification process will be: (a) restricted in scope, documentation, manner, and duration to that which is reasonably necessary to achieve its purpose; and (b) conducted during regular business hours at Licensee’s facilities if a remote verification process is not possible. Rogue Wave will not unreasonably interfere with Licensee’s business activities during such verification process. Licensee will be liable for promptly remedying any underpayments revealed during the verification process at the then-current list price.