Formal Audits. We, or Our designated agent, may, upon five (5) working days prior written notice to You, inspect any of Your facilities where Products are used and audit records for the purpose of confirming Your use of the Products and Your compliance with this Agreement. We may perform only one formal audit per twelve (12) month period unless a previous audit reveals a discrepancy. Our audit shall be performed at Our sole expense; provided however, that if, as a result of Our audit, it is determined that You have underpaid Us by more than 5% of the amount owed during the period audited, then You shall bear the reasonable cost of Our audit. In the event of any underpayment, You shall pay all past-due fees immediately in accordance with the terms of this Agreement. This section survives termination of this Agreement for two (2) years.
Formal Audits. Customer will keep complete and accurate records of all Software use. Micro Focus may at its expense and upon no less than 5 working days written notice audit Customer installation, use, or access of the Software and related records and ALA payments. As part of such audit, Micro Focus is entitled to obtain physical and electronic data concerning all Software installation, use, or access at each of Customer’s offices, regardless of their location. At Micro Focus’s option, the audit may be conducted either by Micro Focus or by its authorized representative, and will not interfere unreasonably with Customer business activities. An audit will be conducted no more often than once per calendar year at a location, unless a previous audit disclosed a material discrepancy. If an audit shows Customer to have underpaid fees, Customer must promptly purchase from Micro Focus at list price sufficient licenses and Maintenance to support the actual deployment, including Maintenance to support the shortfall. If an audit shows Customer has underpaid amounts owing by more than 5%, Customer will also within 30 days pay the reasonable expenses of the audit.
Formal Audits. Customer will keep complete and accurate records of all Software use. Novell may at its expense and upon no less than 5 working days written notice audit Customer installation, use, or access of the Software and related records and SLA payments. As part of such audit, Novell is entitled to obtain physical and electronic data concerning all Software installation, use, or access at each of Customer’s offices, regardless of their location. At Novell’s option, the audit may be conducted either by Novell or by its authorized representative, and will not interfere unreasonably with Customer business activities. An audit will be conducted no more often than once per calendar year at a location, unless a previous audit disclosed a material discrepancy. If an audit shows Customer to have underpaid fees, Customer must promptly purchase from Novell at list price sufficient licenses and Maintenance to support the actual deployment, including Maintenance to support the shortfall. If an audit shows Customer has underpaid amounts owing by more than 5%, Customer will also within 30 days pay the reasonable expenses of the audit.
Formal Audits. If Licensee does not perform a self-audit upon request from Xxxx Xxxxx, or if Xxxx Xxxxx has reason to doubt the results of such self-audit, upon prior written notice to Licensee, Licensee shall permit Xxxx Xxxxx or an independent certified accountant appointed by Xxxx Xxxxx to access Licensee’s premises and inspect Licensee’s books of account and records at any time during normal business hours for the purpose of inspecting, auditing, verifying or monitoring the manner and performance of Licensee’s obligations under this License Agreement, including without limitation the payment of all applicable license fees. Any such audit shall minimize the disruption to Licensee’s business operations. Xxxx Xxxxx shall not be able to exercise this right more than once in each calendar year. If an audit reveals that Licensee has underpaid fees to Xxxx Xxxxx, Licensee shall be invoiced for and shall pay to Xxxx Xxxxx or the Partner (as applicable) within thirty (30) days of the date of invoice an amount equal to the shortfall between the fees due and those paid by Licensee. If the amount of the underpayment exceeds five percent (5%) of the fees due or the audit reveals a violation of any license restrictions pursuant to this License Agreement then, without prejudice to Booz Allen’s other rights and remedies, Licensee shall also pay Booz Allen’s reasonable costs of conducting the audit.
14.4 Xxxx Xxxxx may in its sole discretion assign, novate, subcontract or otherwise transfer any of its rights or obligations hereunder.
14.5 Xxxx Xxxxx may amend the terms and conditions of this License Agreement and/or any documents and policies referenced herein at any time by notice to Licensee, including without limitation. Such amended terms and conditions shall be binding upon Licensee with effect from the date of such change. For the avoidance of doubt, such amended terms and conditions shall supersede any prior version of the License Agreement that may have been embedded in or packaged with the Product itself.
14.6 Failure by either party to enforce any particular term or condition of this License Agreement shall not be construed as a waiver of any of its rights under it.
14.7 The illegality, invalidity or unenforceability of any part of this License Agreement will not affect the legality, validity or enforceability of the remainder.
14.8 If Licensee and Xxxx Xxxxx have signed a separate written agreement covering the licensing and use of the Product, the terms and conditions of ...
Formal Audits. During the Agreement Term and for 2 years afterwards, Customer will maintain complete records showing (a) amounts due and paid, (b) copying and use of the Software, and
Formal Audits. We, or Our designated agent, may, upon five (5) working days’ prior written notice to You, inspect any of Your facilities where Products are used and audit records for the purpose of confirming Your use of the Products and Your compliance with this Agreement. We may perform only one formal audit per twelve
Formal Audits. 5.1 In order to ensure ongoing quality of the refillable system, at any time, ABCC (and/or its agents and subcontractors) have the right to verify any Container or Shipping Container shipments against the RBill provided by the applicable Depot (based on both number of units, condition/quality of units and compliance with this Agreement). In order to verify such shipments, ABCC (and/or its agents and subcontractors) may perform formal load audits, meaning a comprehensive and detailed review of each load shipment pallets and each Container and Shipping Container received. The audit review process may be completed at any time, at the discretion of ABCC, at no cost to the Depot, except in the event that an adjustment is deemed necessary based on audit results.
5.2 In connection with the audit, ABCC (and/or its agents and subcontractors) will:
5.2.1 Notify the Depot that their shipment load has been selected for an audit using the Quality Monitoring System within two business days of off load
5.2.2 remove any foreign materials, debris and Non-refillable Containers
5.2.3 monitor and record the number of improperly sorted Containers, any Containers with foreign materials or debris, and any Containers that are non- compliant with the terms of this Agreement
5.2.4 make note of any unsafe shipping practices and document with digital images
5.2.5 will inspect the pallet and all Shipping Containers to identify any deficiencies or missing Containers
5.3 The ABCC (and/or its agents and subcontractors) performing the audit will complete a separate container audit sheet which will include the following details:
5.3.1 Depot Name, Date Shipped, applicable Trailer #
5.3.2 Type and size of Containers received and reviewed
5.3.3 Number of pallets received as part of the shipment and the number of pallets audited
5.3.4 Any shipping hazards identified
5.4 Once the shipment load has been audited, the ABCC (and/or its agents and subcontractors) will compare the audit sheet to the RBill:
5.4.1 If the quantities on the RBill match the audit results set out on the audit sheet (based on number of units, condition/quality of units and compliance with this Agreement), the ABCC (and/or its agents and subcontractors) will release the load and submit the RBill for payment.
5.4.2 If the quantities on the RBill do not match the audit conclusions set out on the audit sheet (based on number of units, condition/quality of units and compliance with this Agreement), the ABCC (and/or its agents an...
Formal Audits. Policy Area 12—Personnel Security The Appendix includes information exchange agreements and the FBI CJIS Security Addendum. California Department of Justice CLETS Administration Section Telephone: (000) 000-0000 X.X. Xxx 000000 Fax: (000) 000-0000 Xxxxxxxxxx, XX 00000-0000 E-mail: XXX@xxx.xx.xxx Agency Name Address Person Completing Form ( ) Telephone number County Date of Report : (mm/dd/yyyy) Date of Incident : (mm/dd/yyyy) Point(s) of Contact: Phone/Ext/E-mail: Locaton(s) of Incident: System(s) Affected: Method of Detection: Nature of Incident: Incident Description: Actions Taken/Resoluton: GLOSSARY
Formal Audits. During the ALA term and for 2 years after its termination, Customer will maintain complete records showing (a) amounts due and paid, (b) copying and use of the Software, and (c) the total number of workstations, computers or other devices connected to a network which uses Novell’s Software. During this time period Novell will have the right, at its expense and upon no less than 3 working days prior written notice, to audit Customer’s use of the Software and records related to this use and ALA payments. Such audit may be conducted by Novell or its authorized representative, will not interfere unreasonably with Customer’s business activities, and will be conducted no more often than once per calendar year, unless a previous audit disclosed a material discrepancy. If such audit shows Customer understated actual use of the Software or otherwise underpaid amounts owing, Customer will immediately pay all amounts owing. If an audit shows Customer understated use of the Software or underpaid amounts owing by more than 5%, Customer will pay the reasonable expenses of the audit. Novell will use information received during an audit solely for the purposes of this ALA and will otherwise maintain the confidentiality of such information.
Formal Audits. During the ALA term and for 2 years after its termination, Customer will maintain complete records showing (a) amounts due and paid,
