Common use of Failure to Maintain Adequate Records Clause in Contracts

Failure to Maintain Adequate Records. In addition to any other remedies available to COUNTY at law or in equity or under this Lease, in the event that TENANT fails to maintain and keep books, records and accounts of gross receipts from business operations conducted on or from the Leased Premises and/or source documents relating thereto, or to make the same available to Auditor-Controller for examination and audit, or to record sales and/or to maintain registers to record sales, or to provide financial statements and other information to Auditor-Controller regarding gross sales as required by this Lease, Auditor- Controller, at Auditor-Controller’s option, may: 1) Perform such examinations, audits and/or investigations itself or through agents or employees as COUNTY and/or its auditors may deem appropriate to confirm the amount of percentage rents payable by TENANT under this Lease and any and all costs and/or expenses incurred by COUNTY in connection therewith shall be promptly reimbursed to COUNTY by TENANT upon demand. 2) Provide accounting services and/or a system for recording retail sales and charges, including without limitation, cash registers, for use by TENANT in business transactions upon or from the Leased Premises, and, at COUNTY’s option, maintain personnel on the Leased Premises to observe and/or record such sales during TENANT’s business hours, or from time to time, all at TENANT’s sole cost and expense and, in such event, TENANT shall promptly reimburse COUNTY for any and all costs incurred by COUNTY in connection therewith; and/or 3) Require that TENANT pay percentage rents based on COUNTY’s best good faith estimate of TENANT’s gross receipts from business operations conducted on or from the Leased Premises and Airport and any such determination made by COUNTY shall be conclusive and binding upon TENANT. Costs payable by TENANT pursuant to this Section shall include reimbursement to COUNTY of COUNTY provided services at such rates as COUNTY may from time to time, in good faith, establish for such services. In the case of services provided by COUNTY’s employees, such rates shall be sufficient to reimburse COUNTY for employees' salaries, including employee taxes and benefits and COUNTY’s overhead or, at Auditor-Controller’s option, may be the rate for such services that would be charged by a qualified third party or parties, approved by Auditor-Controller, if engaged by COUNTY to perform such services. Said costs payable by TENANT shall be included as rent for the first month following invoice to TENANT.

Failure to Maintain Adequate Records. In addition to any other remedies available to COUNTY at law or in equity or under this LeaseCONTRACT, in the event that TENANT CONTRACTOR fails to maintain and keep books, records and accounts of gross receipts ATM transactions and revenue from business operations conducted on or from the Leased Premises Operating Area and/or source documents relating thereto, or to make the same available to Auditor-Controller for examination and audit, or to record sales and/or to maintain registers equipment to record sales, or to provide financial statements and other information to Auditor-Controller regarding gross sales ATM transactions and revenue as required by this LeaseCONTRACT, Auditor- Controller, at Auditor-Controller’s 's option, may: 1) i. Perform such examinations, audits and/or investigations itself or through agents or employees as COUNTY and/or its auditors may deem appropriate to confirm the amount of percentage rents payable by TENANT CONTRACTOR under this Lease CONTRACT and any and all costs and/or expenses incurred by COUNTY in connection therewith shall be promptly reimbursed to COUNTY by TENANT CONTRACTOR upon demand. 2) ii. Provide accounting services and/or a system for recording retail sales and charges, including without limitation, cash registers, transactions by CONTRACTOR for use by TENANT in business transactions upon or from the Leased PremisesCOUNTY premises, and, at COUNTY’s 's option, maintain personnel on the Leased Premises COUNTY premises to observe and/or record such sales during TENANT’s CONTRACTOR's business hours, or from time to time, all at TENANT’s CONTRACTOR's sole cost and expense and, in such event, TENANT CONTRACTOR shall promptly reimburse COUNTY for any and all costs incurred by COUNTY in connection therewith; and/or 3) iii. Require that TENANT CONTRACTOR to pay percentage rents fees based on COUNTY’s 's best good faith estimate of TENANT’s gross receipts CONTRACTOR's ATM transactions and revenue from business operations conducted on or from the Leased Premises and Airport COUNTY premises and any such determination made by COUNTY shall be conclusive and binding upon TENANTCONTRACTOR. Costs payable by TENANT CONTRACTOR pursuant to this Section clause shall include reimbursement to COUNTY of COUNTY provided services at such rates as COUNTY may from time to time, in good faith, establish for such services. In the case of services provided by COUNTY’s 's employees, such rates shall be sufficient to reimburse COUNTY for employees' salaries, including employee taxes and benefits and COUNTY’s 's overhead or, at Auditor-Controller’s 's option, may be the rate for such services that would be charged by a qualified third party or parties, approved by Auditor-Controller, if engaged by COUNTY to perform such services. Said costs payable by TENANT CONTRACTOR shall be included as rent Revenues for the first month following invoice to TENANTCOUNTY.

Failure to Maintain Adequate Records. In addition to any all other remedies available to COUNTY at law or in equity or under this LeaseCONTRACT, in the event that TENANT CONTRACTOR fails to maintain and keep books, records and accounts of gross receipts from its business operations conducted on or from the Leased Premises COUNTY and/or source documents relating thereto, or to make the same available to Auditor-Controller COUNTY for examination and audit, audit or to record sales and/or to maintain registers to record salesreview, or to provide financial statements and other information to Auditor-Controller COUNTY regarding gross sales as required by this Leasefees paid to CONTRACTOR, Auditor- ControllerCOUNTY Project Coordinator, at Auditor-ControllerCOUNTY Project Coordinator’s optionsole discretion, may: 1) a. Perform such examinationsinspections, audits and/or investigations audits, or reviews itself or through agents or employees as COUNTY and/or its auditors may deem appropriate to confirm the amount of percentage rents payable by TENANT under this Lease fees paid to CONTRACTOR, and any and all costs and/or expenses incurred by COUNTY in connection therewith shall be promptly reimbursed to COUNTY by TENANT CONTRACTOR upon demand. 2) b. Provide accounting services and/or a system for recording retail sales and charges, including without limitation, cash registers, for use all operations by TENANT in business transactions CONTRACTOR upon or from the Leased PremisesCOUNTY, and, at COUNTY’s ’S option, maintain personnel on the Leased Premises Airport to observe and/or record such sales operations during TENANT’s CONTRACTOR’S business hours, or from time to time, all at TENANT’s sole cost and expense and, in such event, TENANT shall promptly reimburse COUNTY for any and all costs incurred by COUNTY in connection therewith; and/or 3) Require that TENANT pay percentage rents based on COUNTY’s best good faith estimate of TENANT’s gross receipts from business operations conducted on or from the Leased Premises and Airport and any such determination made by COUNTY shall be conclusive and binding upon TENANT. Costs payable by TENANT CONTRACTOR pursuant to this Section Article shall include reimbursement to COUNTY of COUNTY provided services at such rates as COUNTY may may, from time to time, in good faith, establish for such services. In the case of services provided by COUNTY’s ’S employees, such rates shall be sufficient to reimburse COUNTY for employees' ’ salaries, including employee taxes and benefits and COUNTY’s ’S overhead or, at Auditor-Controller’s COUNTY’S option, may be the rate for such services that would be charged by a qualified third party or parties, approved by Auditor-ControllerCOUNTY Project Coordinator, if engaged by COUNTY to perform such services. Said costs payable by TENANT shall be included as rent for the first month following invoice to TENANT.

Failure to Maintain Adequate Records. In addition to any other remedies available to COUNTY at law or in equity or under this Lease, in the event that TENANT fails to maintain and keep books, records and accounts of gross receipts Gross Receipts from business operations conducted on or from the Leased Premises and/or source documents relating thereto, or to make the same available to Auditor-Controller for examination and audit, or to record sales and/or to maintain registers to record sales, or to provide financial statements and other information to Auditor-Controller regarding gross sales as required by this Lease, Auditor- Controller, at Auditor-Controller’s option, may: 1) Perform such examinations, audits and/or investigations itself or through agents or employees as COUNTY and/or its auditors may deem appropriate to confirm the amount of percentage rents Percentage Rent payable by TENANT under this Lease and any and all costs and/or expenses incurred by COUNTY in connection therewith shall be promptly reimbursed to COUNTY by TENANT upon demand. 2) Provide accounting services and/or a system for recording retail sales and charges, including without limitation, cash registers, for use by TENANT in business transactions upon or from the Leased Premises, and, at COUNTY’s option, maintain personnel on the Leased Premises to observe and/or record such sales during TENANT’s business hours, or from time to time, all at TENANT’s sole cost and expense and, in such event, TENANT shall promptly reimburse COUNTY for any and all costs incurred by COUNTY in connection therewith; and/or 3) Require that TENANT pay percentage rents Percentage Rent based on COUNTY’s best good faith estimate of TENANT’s gross receipts Gross Receipts from business operations conducted on or from the Leased Premises and Airport and any such determination made by COUNTY shall be conclusive and binding upon TENANT. Costs payable by TENANT pursuant to this Section shall include reimbursement to COUNTY of COUNTY COUNTY-provided services at such rates as COUNTY may from time to DocuSign Envelope ID: 08CCD167-7182-44C7-A078-64D298D335A9 DocuSign Envelope ID: 837CBD05-D7F3-442C-BEDC-53BBB97E8583 time, in good faith, establish for such services. In the case of services provided by COUNTY’s employees, such rates shall be sufficient to reimburse COUNTY for employees' salaries, including employee taxes and benefits and COUNTY’s overhead or, at Auditor-Controller’s option, may be the rate for such services that would be charged by a qualified third party or parties, approved by Auditor-Controller, if engaged by COUNTY to perform such services. Said costs payable by TENANT shall be included as rent for the first month following invoice to TENANT.

Failure to Maintain Adequate Records. In addition to any other remedies available to COUNTY at law or in equity or under this LeaseLicense, in the event that TENANT LICENSEE fails to maintain and keep books, records and accounts of gross receipts from business operations conducted on or from the Leased Premises Airport and/or source documents relating thereto, or to make the same available to Auditor-Controller for examination and audit, or to record sales and/or to maintain registers to record sales, or to provide financial statements and other information to Auditor-Controller regarding gross sales as required by this LeaseLicense, Auditor- Auditor-Controller, at Auditor-Controller’s 's option, may: 1) Perform such examinations, audits and/or investigations itself or through agents or employees as COUNTY and/or its auditors may deem appropriate to confirm the amount of percentage rents fees payable by TENANT LICENSEE under this Lease License and any and all costs and/or expenses incurred by COUNTY in connection therewith shall be promptly reimbursed to COUNTY by TENANT LICENSEE upon demand. 2) Provide accounting services and/or a system for recording retail sales and charges, including without limitation, limitation cash registers, for use by TENANT LICENSEE in business transactions upon or from the Leased PremisesAirport, and, at COUNTY’s 's option, maintain personnel on the Leased Premises Airport to observe and/or record such sales during TENANT’s LICENSEE's business hours, or from time to time, all at TENANT’s LICENSEE's sole cost and expense and, in such event, TENANT LICENSEE shall promptly reimburse COUNTY for any and all costs incurred by COUNTY in connection therewith; and/or 3) Require that TENANT LICENSEE pay percentage rents fees based on COUNTY’s 's best good faith estimate of TENANT’s LICENSEE's gross receipts from business operations conducted on or from the Leased Premises and Airport and any such determination made by COUNTY shall be conclusive and binding upon TENANTLICENSEE. Costs payable by TENANT LICENSEE pursuant to this Section section shall include reimbursement to COUNTY of COUNTY provided services at such rates as COUNTY may from time to time, in good faith, establish for such services. In the case of services provided by COUNTY’s 's employees, such rates shall be sufficient to reimburse COUNTY for employees' salaries, including employee taxes and benefits and COUNTY’s 's overhead or, at Auditor-Controller’s 's option, may be the rate for such services that would be charged by a qualified third party or partiesParties, approved by Auditor-Auditor- Controller, if engaged by COUNTY to perform such services. Said costs payable by TENANT shall be included as rent for the first month following invoice to TENANT.

Failure to Maintain Adequate Records. In addition to any other remedies available to COUNTY at law or in equity or under this Lease, in the event that TENANT fails to maintain and keep books, records and accounts of gross receipts from business operations conducted on or from the Leased Premises and/or source documents relating thereto, or to make the same available to Auditor-Controller the COUNTY for examination and audit, or to record sales and/or to maintain registers to record sales, or to provide financial statements and other information to Auditor-Controller the COUNTY regarding gross sales as required by this Lease, Auditor- Controllerthe COUNTY, at Auditor-Controllerthe COUNTY’s option, may: 1) Perform such examinations, audits and/or investigations itself or through agents or employees as COUNTY and/or its auditors may deem appropriate to confirm the amount of percentage rents payable by TENANT under this Lease and any and all costs and/or expenses incurred by COUNTY in connection therewith shall be promptly reimbursed to COUNTY by TENANT upon demand. 2) Provide accounting services and/or a system for recording retail sales and charges, including without limitation, cash registers, for use by TENANT in business transactions upon or from the Leased Premises, and, at COUNTY’s option, maintain personnel on the Leased Premises to observe and/or record such sales during TENANT’s business hours, or from time to time, all at TENANT’s sole cost and expense and, in such event, TENANT shall promptly reimburse COUNTY for any and all costs incurred by COUNTY in connection therewith; and/or 3) Require that TENANT pay percentage rents based on COUNTY’s best good faith estimate of TENANT’s gross receipts from business operations conducted on or from the Leased Premises and Airport and any such determination made by COUNTY shall be conclusive and binding upon TENANT. Costs payable by TENANT pursuant to this Section shall include reimbursement to COUNTY of COUNTY provided services at such rates as COUNTY may from time to time, in good faith, establish for such services. In the case of services provided by COUNTY’s employees, such rates shall be sufficient to reimburse COUNTY for employees' salaries, including employee taxes and benefits and COUNTY’s overhead or, at Auditor-ControllerCOUNTY’s option, may be the rate for such services that would be charged by a qualified third party or parties, approved by Auditor-ControllerCOUNTY, if engaged by COUNTY to perform such services. Said costs payable by TENANT shall be included as rent for the first month following invoice to TENANT.

Failure to Maintain Adequate Records. In addition to any other remedies available to COUNTY at law or in equity or under this Lease, in the event that TENANT fails to maintain and keep books, records and accounts of gross receipts from business operations conducted on or from the Leased Premises and/or source documents relating thereto, or to make the same available to Auditor-Controller for examination and audit, or to record sales and/or to maintain registers to record sales, or to provide financial statements and other information to Auditor-Controller regarding gross sales as required by this Lease, Auditor- Controller, at Auditor-Controller’s option, may: 1) Perform such examinations, audits and/or investigations itself or through agents or employees as COUNTY and/or its auditors may deem appropriate to confirm the amount of percentage rents payable by TENANT under this Lease and any and all costs and/or expenses incurred by COUNTY in connection therewith shall be promptly reimbursed to COUNTY by TENANT upon demand. 2) Provide accounting services and/or a system for recording retail sales and charges, including without limitation, cash registers, for use by TENANT in business transactions upon or from the Leased Premises, and, at COUNTY’s option, maintain personnel on the Leased Premises to observe and/or record such sales during TENANT’s business hours, or from time to time, all at TENANT’s sole cost and expense and, in such event, TENANT shall promptly reimburse COUNTY for any and all costs incurred by COUNTY in connection therewith; and/or 3) Require that TENANT pay percentage rents based on COUNTY’s best good faith estimate of TENANT’s gross receipts from business operations conducted on or from the Leased Premises and Airport and any such determination made by COUNTY shall be conclusive and binding upon TENANT. Costs payable by TENANT pursuant to this Section shall include reimbursement to COUNTY of COUNTY COUNTY-provided services at such rates as COUNTY may from time to time, in good faith, establish for such services. In the case of services provided by COUNTY’s employees, such rates shall be sufficient to reimburse COUNTY for employees' salaries, including employee taxes and benefits and COUNTY’s overhead or, at Auditor-Controller’s option, may be the rate for such services that would be charged by a qualified third party or parties, approved by Auditor-Controller, if engaged by COUNTY to perform such services. Said costs payable by TENANT shall be included as rent for the first month following invoice to TENANT.