Common use of Evergreen Clause in Contracts

Evergreen. shall keep full accurate books of account containing all particulars that may be necessary for the purpose of showing the royalties payable to SACHS under this Agreement as aforesaid, including, without limitation, records of the manufacture, sale and use of any Wafers, Cells, Modules, Integrated Products or Other Products by Evergreen and any of its sublicensees. The books and the supporting data shall be kept at EVERGREEN's principal place of business, and the books and the supporting data shall be open at a reasonable time, once per year, for three (3) years following the end of the calendar year to which they pertain, to the inspection of SACHS and/or an independent certified public accountant retained or employed by SACHX xxx reasonably acceptable to EVERGREEN, for the purpose of verifying EVERGREEN's royalty statement or compliance in other respects with this Agreement. Auditing of EVERGREEN's books and supporting data by a representative of SACHS can occur during normal business hours upon fourteen (14) days' written request. All fees and expenses associated with any such audit shall be the sole responsibility of SACHX, xxcept that if the results of an audit show a discrepancy in favor of the SACHS of more than five percent (5%) of the amount owed, all reasonable audit costs shall be borne in full by EVERGREEN.