EEL Audits and Related Terms Sample Clauses

EEL Audits and Related Terms. Once per calendar year, Verizon may obtain and pay for an independent auditor to audit Lumos’s compliance in all material respects with the service eligibility criteria applicable to High Capacity EELs. Any such audit shall be performed in accordance with the standards established by the American Institute for Certified Public Accountants, and may include, at Verizon’s discretion, the examination of a sample selected in accordance with the independent auditor’s judgment. To the extent the independent auditor’s report concludes that Lumos failed to comply with the service eligibility criteria as to any DS1 or DS1 equivalent circuit, then (without limiting Verizon's rights under Section 3.1.4.2 above) Lumos must convert all noncompliant circuits to the appropriate service, true up any difference in payments, make the correct payments on a going-forward basis, and reimburse Verizon for the cost of the independent auditor within thirty (30) days after receiving a statement of such costs from Verizon. If Lumos fails to convert any noncompliant circuits to the appropriate service, then Verizon may disconnect, convert and/or reprice such circuits in accordance with Section 2.1.1 above. Should the independent auditor confirm Lumos’s compliance with the service eligibility criteria for each DS1 or DS1 equivalent circuit, then Lumos shall provide to the independent auditor for its verification a statement of Xxxxx’s out-of-pocket costs of complying with any requests of the independent auditor, and Verizon shall, within thirty (30) days of the date on which Lumos submits such costs to the auditor, reimburse Lumos for its out-of-pocket costs verified by the auditor. Lumos shall maintain records adequate to support its compliance with the service eligibility criteria for each DS1 or DS1 equivalent circuit for at least eighteen (18) months after the service arrangement in question is terminated. Verizon's audit rights under this Section are in addition to, and not in limitation of, any other audit rights Verizon may have under the Amended Agreement or Applicable Law. In addition, without undertaking a full audit as described above, Verizon may request from time to time, and Lumos shall provide, evidence to demonstrate whether Lumos has complied with the EEL criteria described above and, if such evidence fails to substantiate compliance, then Lumos must convert all noncompliant circuits to the appropriate service, true up any difference in payments, make the correct paym...
Sample 1
AutoNDA by SimpleDocs

Related to EEL Audits and Related Terms

  • CONSTRUCTION AND RELATED ENGINEERING SERVICES A. General construction work for buildings (CPC 512) 1) Unbound* 2) None 3) None 1) Unbound* 2) None 3) None

  • Leave With Pay for Family-Related Responsibilities (a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the employee), dependent children (including xxxxxx children and children of legal or common-law spouse), parents (including stepparents or xxxxxx parents), or any relative residing in the employee's household or with whom the employee permanently resides.

  • HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance.

  • Negotiated Terms The Parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties and that this Agreement shall not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Agreement.

  • Certification Regarding Termination of Contract for Non-Compliance (Tex Gov. Code 552.374)

  • Penalties for Non-compliance to Service Level Agreement Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at …………………………………………………… .

  • ARTICULATION AGREEMENT FOLLOW-UP PROCEDURES

  • XXXXX-XXXXX AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • LONG TERM AGREEMENT If the Contractor is engaged by UNDP on the basis of a long-term agreement (“LTA”) as indicated in the Face Sheet of this Contract, the following conditions shall apply:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!