Common use of EEL Audit Clause in Contracts

EEL Audit. 4.3.5.1 Except for the states of Georgia, Kentucky and North Carolina, beginning June 29, 2010, and with respect to any period of time, either before of after such date, on an annual basis, AT&T may audit TWTC’s records in order to verify compliance with the qualifying service eligibility criteria. To invoke the audit, AT&T will send a Notice of Audit to TWTC. Such Notice of Audit will be delivered to TWTC no less than thirty (30) days prior to the date upon which AT&T seeks to commence an audit. 4.3.5.1.1 In the states of Georgia and North Carolina, beginning June 29, 2010, and with respect to any period of time, either before of after such date, on an annual basis, and only based upon cause, AT&T may conduct an audit of TWTC’s records in order to verify compliance with the high capacity EEL eligibility criteria. To invoke its limited right to audit, AT&T will send a Notice of Audit to TWTC identifying the cause upon which AT&T rests its allegations. Such Notice of Audit will be delivered to TWTC no less than thirty (30) calendar days prior to the date upon which AT&T seeks to commence an audit. 4.3.5.1.2 In the state of Kentucky beginning June 29, 2010, and with respect to any period of time, either before of after such date, to invoke its limited right to audit, AT&T will send a Notice of Audit to TWTC identifying the cause upon which AT&T rests its allegations. Such Notice of Audit will be delivered to TWTC no less than thirty (30) calendar days prior to the date upon which AT&T seeks to commence an audit. TWTC may object to the audit after it has been performed but may not prevent its initiation once AT&T asserts it has adequate documentation to support an audit. The audit should be limited to those circuits over which AT&T initially raised concern. 4.3.5.1.3 Such Notice of Audit to TWTC shall state AT&T’s concern that TWTC is not complying with the service eligibility requirements as set forth above and a concise statement of the reasons therefor. AT&T is not required to provide documentation, as distinct from a statement of concern, to support its basis for an audit, or seek the concurrence of the requesting carrier before selecting the location of the audit. AT&T may select the independent auditor without the prior approval of TWTC or the Commission. Challenges to the independence of the auditor may be filed with the Commission only after the audit has been concluded. Version: 4Q06 Standard ICA 11/30/06