Failure to Comply with Reporting Requirements. If the Franchisee fails to prepare and submit any statement or report as required under this Article 15, then the Franchisor shall have the right to treat the Franchisee’s failure as good cause for termination of this Agreement. In addition to all other remedies available to the Franchisor, in the event that the Franchisee fails to prepare and submit any statement or report required under this Article 15 for two consecutive reporting periods, the Franchisor shall be entitled to make an audit, at the expense of the Franchisee, of the Franchisee’s books, records and accounts, including the Franchisee’s bank accounts, which in any way pertain to the Gross Retail Sales or the Adjusted Gross Retail Sales of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The statements or reports not previously submitted shall be prepared by or under the direction and supervision of an independent certified public accountant selected by the Franchisor.
Failure to Comply with Reporting Requirements or provide information ABOUT THE FUNDING
Failure to Comply with Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in the revocation of a Grant, withholding of request(s) for reimbursement, requiring the repayment of Grant funds disbursed to Grantee, and/or Xxxxxxx’s ineligibility for future Program funds.
Failure to Comply with Reporting Requirements. If Franchisee fails to prepare and submit any statement or report required under Section 15, then Franchisor shall have the right to treat Franchisee's failure as good cause for termination of this Agreement. In addition to all other remedies available to Franchisor, in the event that Franchisee fails to prepare and submit any statement or report required under Section 15 for two (2) consecutive reporting periods, Franchisor shall be entitled to make an audit, at the expense of Franchisee, of Franchisee's books, records, and accounts, including Franchisee's bank accounts. The statements or reports not previously submitted shall be prepared by or under the direction and supervision of an independent certified public accountant selected by Franchisor. In addition to its other rights and remedies, if Franchisee fails to comply with the reporting requirements under Section 15, Franchisor shall have the right to collect, in addition to the late fee, Six Hundred Fifty Dollars ($650) per week for Royalty payments and One Hundred Dollars ($100) per week for advertising payments (or a greater amount if Franchisor reasonably estimates that the Restaurant is generating higher Gross Sales), provided that any amounts will be reconciled and adjusted as needed when Franchisor receives actual Gross Sales amounts.
Failure to Comply with Reporting Requirements. If the Franchisee fails to prepare and submit any statement or report as required under this Article 15, then the Franchisor shall have the right to treat the Franchisee’s failure as good cause for termination of this Agreement. In addition to all other remedies available to the Franchisor, in the event that the Franchisee fails to prepare and submit any statement or report required under this Article 15 for two consecutive reporting periods, the Franchisor shall be entitled to make an audit, at the expense of the Franchisee, of the Franchisee’s books, records and accounts, including the Franchisee’s bank accounts, which in any way pertain to the Gross Retail Sales or the Adjusted Gross Retail Sales of the ROCKY
Failure to Comply with Reporting Requirements. If the Franchisee fails to prepare and submit any statement or report as required under this Article 15, then the Franchisor shall have the right to treat the Franchisee’s failure as good cause for termination of this Agreement. The statements or reports not previously submitted shall be prepared by or under the direction and supervision of an independent certified public accountant selected by the Franchisor.
Failure to Comply with Reporting Requirements or provide information
(a) We may withhold any further Funding due and payable to You until you comply with a Reporting Requirement;
(b) We may recover any Funds paid to You in accordance with a Funding Schedule which relate to that Reporting Requirement; and
(c) We are entitled to exercise our discretion to consider a failure to comply with Reporting Requirements as an adverse reason not to provide additional funding or future Funding to You.
Failure to Comply with Reporting Requirements. Grantee fails to comply with the reporting requirements required herein or the submission to the City of reports which are incorrect, incomplete and/or misleading in any material respect, or fails to keep accurate records as required under this Agreement, as determined by MOH/OEWD in its sole discretion.
Failure to Comply with Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in: (i) the revocation of a
Failure to Comply with Reporting Requirements. 6.1 If the Service Provider fails to comply with the financial, statistical and other data reporting requirements set out in this Schedule B, then the Authority may, in addition to any other rights and remedies it may have hereunder or otherwise at law or equity, withhold funding in accordance with the following:
(a) the Authority will provide written notice of such non-compliance to the Service Provider with a 14 day deadline for compliance (the “First Notice”);
(b) if the non-compliance is not rectified to the Authority’s satisfaction within the 14 day deadline set out in the First Notice, then the Authority will either provide written notice of continued non-compliance to the Service Provider (the “Second Notice”) or may elect to provide the Service Provider with additional time to comply if the Authority determines that there are extenuating circumstances which are the cause of such continued non- compliance;
(c) if the non-compliance is not rectified to the Authority’s satisfaction within 14 days of receipt by the Service Provider of the Second Notice or within the additional time to comply established by the Authority pursuant to subsection (b) above, as applicable, then the Authority may withhold funding from the next and each subsequent regularly scheduled instalment until such non-compliance is rectified to the Authority’s satisfaction. The amount that will be withheld will be up to a maximum of 40% of the instalment and the actual amount withheld will be determined by the Authority at its sole discretion having regard to the amount of time of the non-compliance and the number and/or type of non-compliance incidents. The amounts withheld will not be repaid to the Service Provider, with the exception of a maximum of two reduction instalments which may be recoverable by the Service Provider at the discretion of the Authority; and
(d) continued non-compliance past 90 days of receipt by the Service Provider of the Second Notice may result in the Authority terminating this Agreement in accordance with Section 10.2(a) of the main body of this Agreement.
