DCAA Audits Sample Clauses

DCAA Audits. The Company has been audited by the Defense Contracting Audit Agency through December 31, 2003. The Company has not had any material adjustments arising out of Defense Contracting Audit Agency's audits and, except as set forth in Schedule 3.26.10, there are no facts, events or circumstances that would reasonably indicate that the Company is likely to be subject to a claim or assertion by DCCA that the Company has a Liability for a material adjustment for any services or products provided by the Company before the Closing Date.
Sample 1
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DCAA Audits. The Company has been audited by the Defense Contracting Audit Agency through December 31, 2001. The Company has not had any material adjustments arising out of Defense Contracting Audit Agency’s audits since December 31, 2001.
Sample 1
DCAA Audits. Neither DCAA nor any other cognizant Government audit agency has ever conducted an incurred cost audit of the Government Contracts. To the knowledge of the Company and its Subsidiaries, neither any Governmental Entity nor any prime contractor or higher-tier subcontractor under any Government Contract has questioned or disallowed any costs claimed by the Company or any of its Subsidiaries under any Government Contract, and there is no fact or occurrence that could be a basis for disallowing any such costs. The Company or its Subsidiaries has direct billing privileges under the Government Contracts on which the Company or its Subsidiaries is the prime contractor (e.g., the right to submit its invoices directly to the Government’s paying office), and, to the knowledge of the Company or its Subsidiaries, no facts exist which would reasonably be expected to give rise to suspension of such privileges on Government Contracts on which the Company or its Subsidiaries is the prime contractor.
Sample 1
DCAA Audits. Since October 1, 2005, Athena has not been audited by the Defense Contract Audit Agency. Athena has not had any adjustments arising out of audits by the Defense Contracting Audit Agency. Except in connection with routine cost verification inquiries in the ordinary course of business and as described on Schedule 3.24.7 hereto, neither the United States Government nor any prime contractor or higher-tier subcontractor under an outstanding Government Contract has questioned or disallowed any costs claimed by Athena under any Athena Government Contract, and, to the Knowledge of Seller, there is no fact or occurrence that could be a basis for disallowing any such costs. The reserves established by Athena with respect to possible adjustments to the indirect and direct costs incurred by Athena on any Athena Government Contract are reasonable and are adequate to cover any potential adjustments resulting from audits of any such Government Contract.
Sample 1
DCAA Audits. Schedule 3.20(f) sets forth true and complete copies of the Department of Defense, Defense Contract Audit Administration reports issued to any Company for the three year period ending July 30, 2008.
Sample 1
DCAA Audits. WGI has not had any adjustments arising out of audits by the Defense Contracting Audit Agency. Except as described in Schedule 3.24 hereto, neither the United States Government nor any prime contractor or higher-tier subcontractor under an outstanding Government Contract has disallowed any costs claimed by WGI under any WGI Government Contract, and there is no fact or occurrence that could be a basis for disallowing any such costs. The reserves established by WGI with respect to possible adjustments to the indirect and direct costs incurred by WGI on any Government Contract are reasonable and are adequate to cover any potential adjustments resulting from audits of any such Government Contract, in each case to the extent required by GAAP.
Sample 1
DCAA Audits. (a) Except as set forth in Section 4.27(a) of the Company Disclosure Schedule, the Company’s forward pricing and billing rates for flexibly priced Government Contracts for Company fiscal years 2005 through 2008 were below the Company’s actual incurred costs by margins sufficient to avoid (i) repayment of amounts by the Company to any of its customers pursuant to a Government Contract and (ii) reductions in amounts that would otherwise reasonably have been expected to be paid to the Company by any of its customers pursuant to a Government Contract, in each case, based upon disallowances by United States Government auditors whether asserted prior to, on or after the date hereof. The Company’s forward pricing and billing rates for Government Contracts for Company fiscal year 2009 are substantially similar to the forward pricing and billing rates included in the Company’s flexibly priced Government Contracts for Company fiscal year 2008. (b) Except as disclosed in Section 4.27(b) of the Company Disclosure Schedule, the disallowances of costs in the audit of the Company’s fiscal year 2005 incurred cost submission to the United States Government do not include expressly unallowable costs subject to penalties under Federal Acquisition Regulation §§ 31.110 and 42.709.
Sample 1
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Related to DCAA Audits

  • Field Audits The Agent has the right at any time and in its discretion to conduct field audits with respect to the Collateral and each Borrower’s Receivables, inventory, business and operations. All field audits shall be at the cost and expense of the Borrowers; it being understood and agreed that, in the absence of an Event of Default, the Borrowers’ maximum liability for field audit costs and expenses shall be limited to the reasonable costs and expenses of only two (2) field audits conducted during any twelve (12) month period (unless the Agent shall conduct a field audit pursuant to Section 1.10 of this Agreement in connection with the joinder of a new “Borrower” hereunder, in which event the Borrowers shall be liable for the costs and expenses of such field audit as well). Any and all field audits conducted following an Event of Default shall be at the Borrowers’ cost and expense, with the foregoing limitation on maximum costs and expense being inapplicable.

  • Audits No more than once a year, or following unauthorized access, upon receipt of a written request from the LEA with at least ten (10) business days’ notice and upon the execution of an appropriate confidentiality agreement, the Provider will allow the LEA to audit the security and privacy measures that are in place to ensure protection of Student Data or any portion thereof as it pertains to the delivery of services to the LEA . The Provider will cooperate reasonably with the LEA and any local, state, or federal agency with oversight authority or jurisdiction in connection with any audit or investigation of the Provider and/or delivery of Services to students and/or LEA, and shall provide reasonable access to the Provider’s facilities, staff, agents and XXX’s Student Data and all records pertaining to the Provider, LEA and delivery of Services to the LEA. Failure to reasonably cooperate shall be deemed a material breach of the DPA.

  • Contract Audits Eligible Purchaser represents and warrants that it shall cooperate with Enterprise Services, the Office of the State Auditor, federal officials, and/or any third party authorized by law or contract, in any audit conducted by such party pertaining to any Contracts that Eligible Purchaser has made purchases from pursuant to this Agreement, including providing records related to any purchases from such Contracts.

  • City Audits The CITY may perform an independent audit. Such audits may cover programmatic as well as fiscal matters. GRANTEE will be afforded an opportunity to respond to any audit findings, and have the responses included in the final audit report. Costs of such audits will be borne by the CITY.

  • SAO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. Grantee shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code.

  • Records; Audits Merck will keep, and will cause each of the other Selling Parties, as applicable, to keep, and Moderna will keep, adequate books and records of accounting for the purpose of calculating all royalties and other amounts payable by either Party to the other Party hereunder and ensuring each Party’s compliance hereunder. For the [***] following the end of the Calendar Year to which each will pertain, such books and records of accounting (including those of its Affiliates, as applicable) will be kept at each of their principal place of business. At the request of either Party, the other Party will permit (and procure its Affiliates, to permit) an independent certified public accounting firm of internationally recognized standing selected by the auditing Party and reasonably acceptable to the other Party to have access during normal business hours to such of the records as may be reasonably necessary to verify the accuracy of the payments due hereunder for any Calendar Year ending not more than [***] following the end of any Calendar Year. Such examinations may not be conducted more than once in any Calendar Year or be repeated for any Calendar Year. The accounting firm shall disclose to the auditing Party only whether the reports are correct or incorrect and the amount of any discrepancy. No other Confidential Information shall be provided. If such accounting firm correctly identifies a discrepancy made during such period, the appropriate Party shall pay the other Party the amount of the discrepancy within [***] of the date of delivery of such accounting firm’s written report so correctly concluding, or as otherwise agreed upon by the Parties. The fees charged by such accounting firm shall be paid by the auditing Party, provided that if the underpayment or overcharge exceeds [***], the audited Party shall pay the fees. Upon the expiration of [***] following the end of any Calendar Year, absent willful misconduct or fraud by a Party (its Affiliates, as applicable) the calculation of amounts payable with respect to such Calendar Year shall be binding and conclusive upon the Parties, and the Parties shall be released from any liability or accountability with respect to amounts payable for such Calendar Year. The auditing Party shall treat all financial information subject to review under this Section 8.6(c) in accordance with the confidentiality and non-use provisions of this Agreement, and shall cause its accounting firm to enter into an acceptable confidentiality agreement with the audited Party obligating it to retain all such Confidential Information in confidence pursuant to such confidentiality agreement.

  • Cost of Audits Customer shall bear the costs of any audit unless such audit reveals a material breach by SAP of this DPA, then SAP shall bear its own expenses of an audit. If an audit determines that SAP has breached its obligations under the DPA, SAP will promptly remedy the breach at its own cost.

  • Security Audits Each Contract Year, County may perform or have performed security reviews and testing based on an IT infrastructure review plan. Such testing shall ensure all pertinent County security standards as well as any customer agency requirements, such as federal tax requirements or HIPPA.

  • Annual Audits Each fiscal year, the School shall provide for an independent annual financial audit conducted in accordance with Generally Accepted Auditing Standards and Governmental Auditing Standards and performed by a certified public accountant (CPA); provided the Commission may establish an alternative reporting requirement in accordance with State law. The Commission shall provide the guidelines and/or scope of the audit or alternative report and may require minimum CPA qualifications or that the School select from a list of qualified CPAs as provided by the Commission. The School shall provide the completed audit or alternative report to the Commission by November 15 after the conclusion of the fiscal year; provided that the Commission, with reasonable notice to the School, may change the deadline depending on circumstances. The School shall pay for the audit or alternative report if an appropriation is not made by the Legislature for such purpose.

  • Inspection & Audit Contractor agrees that the relevant books, records (written, electronic, computer related or otherwise), including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financial statements and supporting documentation, and documentation related to the work product shall be subject, at any reasonable time, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records may be found, with or without notice by the City, and with regard to any federal funding, the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect the requirements of this paragraph.

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