Fee Audit. FNF may, with ten (10) days prior written notice and at its own expense, engage a third party mutually agreed to by the parties (a “Fee Auditor”) to perform a review and audit of records and reports relating only to volumes of resources, Pass-Through Expenses and travel and living expenses billed to FNF by LPS pursuant to this Agreement (a “Fee Audit”). LPS agrees to cooperate fully with the Fee Auditor in preparation of the Fee Audit Report (as defined below) and deliver any requested information to the Fee Auditor which LPS would otherwise be required to furnish to FNF pursuant to Section 14.1 hereof at FNF’s sole expense. The Fee Auditor shall prepare and submit to FNF a written report of the results of the Fee Audit (a “Fee Audit Report”). FNF will provide LPS with a copy of the Fee Audit Report within five (5) business days of FNF’s receipt thereof. In the event that the Fee Audit Report reveals that any Fees have been overbilled, LPS shall (1) reimburse FNF for such Fees with interest from the date upon which the Fee was first paid by FNF (the “Fee Payment Date”) until the date on which LPS makes such reimbursement, at the prime rate as published in the money rates table in The Wall Street Journal on the Fee Payment Date (or the prior date on which The Wall Street Journal was published if not published on the Fee Payment Date), (“Prime Rate”) plus one percent and (2) if LPS is not working in good faith to resolve billing issues identified prior to the audit and the Fees exceed by more than 5% the amount which the Fee Auditor determines to be the proper Fee amount, pay any fees, costs or other expenses owed to the Fee Auditor for performing the Fee Audit. In no event shall LPS’s liability for the cost of the Fee Audit exceed reasonable and customary charges for such audits.
Fee Audit. Each party will provide to the others, its internal or external auditors, inspectors, and regulators, at reasonable times and for any reasonable business purpose, access to: (i) personnel; (ii) with respect to Content Provider, sites where Services are provided and with respect to Sprint, sites where its records are maintained; and (iii) data and records relating to the Services and the calculation of all fees and numbers of Users, including the right to inspect and copy. If an audit discloses any error in favor of the auditing party, the other party will, within 30 Business Days of the over-billing or underpayment notice, reimburse the auditing party for the over-billing or underpayment. If the audit discloses an over-billing or underpayment of [*] or more over an audited period of at least twelve months, the audited party (except if either party has reporting errors based on information provided by the other) will pay the entire cost of the audit.
Fee Audit. In consideration for the grant of the licence and the use of the Software Solution, Xxxxx agrees to pay StormMQ the Fees set forth in Schedule B to this Agreement, commencing on the date of this Agreement and continuing until this Agreement is terminated. All sums paid shall be inclusive of all taxes, shall be paid in US dollars, shall be wire transferred to an account identified by StormMQ, and shall be payable monthly in advance, net 30 days. Any overdue payment of Fees will be subject to interest charges at the discretion of StormMQ, such interest to be calculated according to common UK practice and at typical interest rates for defaulting payments. Xxxxx shall keep complete, accurate and up-to-date records of the number of vehicles in respect of which the Software Solution is being used and in respect of which there are fees due under the licence granted herein and to produce such records on request made by StormMQ from time to time. Xxxxx shall also provide StormMQ directly with copies of any public data published from time to time relating to the numbers of vehicles in use to which the licence granted herein relates. StormMQ shall be permitted the right, at reasonable times and on reasonable notice, to have access to and inspect Xxxxx’x premises where the Software Solution is kept, deployed, operated, monitored, controlled or otherwise used in order to ensure compliance with the licence granted herein. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
Fee Audit. Vivint agrees that Vivint Solar’s access rights in subsection (b) above will permit Vivint Solar to verify that the Fees charged by Vivint in Section 3(a) hereunder represent Vivint’s good faith estimate of Vivint’s full cost of providing the Services to Vivint Solar, without markup or surcharge. In the event that an inspection of such costs by Vivint Solar reveals that the Fees charged by Vivint exceed such good faith estimate: (a) Vivint shall refund to Vivint Solar any Fees for Services paid in excess of such good faith estimate; and (b) Vivint Solar will have the right to set off any prior excess payment of Fees from future payment of Fees where no refund has been provided.
Fee Audit. Company will provide to Sprint, its internal or external auditors, inspectors, and regulators, at reasonable times and for any reasonable business purpose, access to: (i) Company Personnel; (ii) sites where Services are provided; and (iii) data and records relating to the Services, including the right to inspect and copy. If an audit discloses any error in favor of Sprint, Company will, within [*****] Business Days of the over-billing notice, reimburse Sprint for the over-billing plus interest at a rate of [*****] per month for the period of time between the date the overpayment was made and the date Company reimburses Sprint. If the audit discloses an over-billing of [*****] or more, Company will pay the entire cost of the audit in addition to the over-billed amount plus interest.
Fee Audit. (a) Upon reasonable notice from Navient, Servicer shall provide Navient Auditors with access to such financial records and supporting documentation to the extent necessary to ascertain the correctness of Fees due and payable to Servicer hereunder, as may be reasonably requested by Xxxxxxx. Such Navient Auditors may audit the Fees charged to Navient or any Navient Entity to determine if such Fees are accurate and in accordance with the Agreement.
Fee Audit. Supplier will provide to Sprint, its internal or external auditors, inspectors, and regulators, at reasonable times and for any reasonable business purpose, access to: (a) Supplier Personnel; (b) sites where Services are provided; and (c) data and records relating to the Services, including the right to inspect and copy. If an audit discloses any error in favor of Sprint, Supplier will, within 10 Business Days of the over-billing notice, reimburse Sprint for the over-billing plus interest at a rate of [*]% per month for the period of time between the date the overpayment was made and the date Supplier reimburses Sprint. And, if the audit discloses an over-billing of [*]% or more, Supplier will pay the entire cost of the audit in addition to the over-billed amount plus interest.
Fee Audit. Upon at least thirty (30) days written notice from Xxxxx not to occur more than one time per year, SAVVIS shall provide Xxxxx and Xxxxx’x Agents (including any third party auditor(s) designated by Xxxxx), at Xxxxx’x expense, with access during normal business days and hours to such books and records and documentation which support charges billed to Xxxxx (which records and documentation shall be maintained in accordance with Section 27.3) as may be reasonably requested by Xxxxx that cover the period since the preceding audit, not to exceed a period of up to eighteen (18) months preceding such audit (the “Review Period”), and Xxxxx may audit the Fees charged to Xxxxx for such period to determine that such Fees are accurate and in accordance with this Agreement. If such audit establishes that SAVVIS has overcharged Xxxxx for the Review Period, Xxxxx shall notify SAVVIS of the amount of such overcharge and SAVVIS shall apply as a set off against amounts due from Xxxxx to SAVVIS the amount of the overcharge plus interest at the rate of one percent (1%) per month, but in no event to exceed the highest lawful rate of interest, calculated from the date of receipt by SAVVIS of the overcharged amount until the date of payment to Xxxxx.
Fee Audit a. Upon Buyer’s request, Supplier shall provide IBM’s Auditors with access to such financial records and supporting documentation to the extent necessary to ascertain the correctness of fees due and payable to Supplier hereunder, as may be requested by Buyer or IBM’s Auditors. Such IBM Auditors may audit any of the charges charged to Buyer to determine if such fees are accurate and in accordance with this Subcontract.
Fee Audit. Vivint agrees that Vivint Solar’s access rights in subsection (b) above will permit Vivint Solar to verify that the Fees charged by Vivint in Section 3(a) hereunder represent Vivint’s good faith estimate of Vivint’s full cost of providing the Services to Vivint Solar, without markup or surcharge. In the event that an inspection of such costs by Vivint Solar reveals that the Fees charged by Vivint exceed such good faith estimate: (a) Vivint shall refund to Vivint Solar any Fees for Services paid in excess of such good faith estimate; and (b) 4 transition services Agreement Vivint Solar, Inc. & Vivint, Inc. Vivint Solar will have the right to set off any prior excess payment of Fees from future payment of Fees where no refund has been provided.
