Common use of INCUMBENT REVIEW AND AUDIT PROCEDURES Clause in Contracts

INCUMBENT REVIEW AND AUDIT PROCEDURES. No more than once during any consecutive twelve (12) month period, Incumbent shall be entitled to review and audit PathNet's books and records relating to the sale of Excess Capacity during business hours upon ten (10) days written notice to PathNet. Incumbent shall not have the right pursuant to this SECTION 9.9.2, to review or audit PathNet's corporate income statements, balance sheets or other forms of general corporate reporting. Incumbent shall not disclose, at any time before or after the Expiration Date, any information related to PathNet or PathNet's business obtained by Incumbent pursuant to a review or audit performed under this SECTION 9.9.2 unless such information has previously come into the public domain (other than through unauthorized disclosure) or except as required by law.

INCUMBENT REVIEW AND AUDIT PROCEDURES. No more than once during any consecutive twelve (12) month period, Incumbent shall be entitled to review and audit PathNetPathnet's books and records relating to the sale of Excess Capacity during business hours upon ten (10) days written notice to PathNetPathnet. Incumbent shall not have the right pursuant to this SECTION Section 9.9.2, to review or audit PathNetPathnet's corporate income statements, balance sheets or other forms of general corporate reporting. Incumbent shall not disclose, at any time before or after the Expiration Date, any information related to PathNet Pathnet or PathNetPathnet's business obtained by Incumbent pursuant to a review or audit performed under this SECTION Section 9.9.2 unless such information has previously come into the public domain (other than through unauthorized disclosure) or except as required by law.