Common use of Compliance Verification Clause in Contracts

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. IBM’s right to verify Customer's ’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 ’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.