Information and Audit Rights. (a) The CUSO shall cause the Servicer to provide to ITT ESI and any designee of ITT ESI all reports (both regular and special) and other data which the Servicer shall provide to the CUSO contemporaneously with such provision and in the same format as is provided to the CUSO.
(b) Promptly upon request therefor, the CUSO shall provide to ITT ESI such information regarding the Loans as ITT ESI may, from time to time, request, including, without limitation, information regarding the servicing and collection of the Loans and any alterations made to any Loans, as provided in Section 3.9.
(c) Upon at least five (5) Business Days prior notice to the CUSO, ITT ESI shall be afforded access to all documents and records relating to Loans and/or the Program to inspect and audit the same (either itself or through a third-party auditor). Any such inspection or audit shall be at ITT ESI’s sole expense; provided, however, that if any such inspection or audit shall reveal that the records or reporting with respect to any Loan Pool reflect material inaccuracies with respect to Loans, the Net Disbursements on which aggregate in excess of 10% of the aggregate Net Disbursements on all Loans in such Loan Pool, then, within ten (10) days of demand therefor by ITT ESI, the CUSO shall reimburse ITT ESI for its out-of-pocket costs for such inspection or audit, including without limitation the fees and costs of any third-party auditor.
Information and Audit Rights. The books of account and records of the Company shall be the property of the Company. The Managing Member shall permit any authorized representatives designated by any Member to visit and inspect any of the properties of the Company, including its books of account and records, and to discuss its affairs, finances and accounts with the Company’s officers (or, as applicable, the relevant officers the Managing Member), all at such times as such Member may reasonably request. These rights do not include the right to examine the properties, books and records of the Servicer, except as otherwise provided in Section 5.3. The Managing Member, on reasonable advance written notice and in coordination with Blackstone and NRZ as to timing and location, shall call in-person meetings of the Members on a quarterly basis to discuss the status and performance of the Portfolio, to review the policies with respect to charged-off Loans and other matters related to the Company. The Managing Member shall ensure that appropriate representatives of the Servicer are present at such meetings to discuss servicing and related matters. The Managing Member shall distribute to the Members in advance of each such meeting such written materials (including, without limitation, any relevant servicing reports or other financial information not previously delivered to the Members pursuant to Section 5.3) that are material (as reasonably determined by the Managing Member) to the anticipated discussions.
Information and Audit Rights. So long as the Holder (and/or its Affiliates) beneficially owns, in the aggregate, at least ten percent (10%) of the outstanding shares of Common Stock on a fully diluted as-converted basis, the Company shall provide the Holder with the following financial information and documents: (i) unaudited consolidated monthly financial statements (including the balance sheets, cash flow statements and income statements) within twenty-five (25) days from the end of each calendar month, (ii) audited financial statements within ninety (90) days from the end of fiscal year; (iii) copies of revenue-generating agreements entered into by the Company, (iv) copies of distributor, reseller, channel partners, commercial agents and similar agreements, (v) contracts for indebtedness of money borrowed or guarantees, (vi) contracts involving payment that is not in the ordinary course of business, (vii) rolling twelve (12) months cash flow projection for the Company (on a consolidated basis) within fifteen (15) days from the end of each calendar month (which report should also encompass actual cash spent versus the cash flow projection, accompanied by explanations for any variances observed), and (viii) other information (including through management briefings) or documents reasonably requested by the Holder from time to time. The obligation to provide the documents in (iii) through (vi) shall be provided promptly upon its execution or upon request by the Holder and in any event within five (5) Trading Days. Any such audit or inspection pursuant to this Section 8 shall be conducted during normal business hours and in such manner as not to interfere unreasonably with the conduct of the business of the Company.
Information and Audit Rights. (a) The Asset Manager shall furnish, or cause to be furnished, to the Company such information, documentation, services and materials reasonably requested by the Company, including any amendments, modifications or supplements to, and any notices or other communications received by the Asset Manager pursuant to, any Project Document.
(b) At the reasonable prior request of the Company, the Company or its designated representative may audit or inspect the Asset Manager’s books and records related to the Services provided hereunder. The Asset Manager agrees to cooperate in good faith with any such audit or investigation, including by making its officers, employees, representatives, contractors, and agents available to the Company and its representatives at such reasonable times and locations as the Company may reasonably request.
Information and Audit Rights. 9.1. The Customer and Xelon mutually undertake to treat all confidential information and business secrets of the respective other contractual partner, which the other party makes accessible to the other party due to the initiation and fulfilment of the contract, confidentially for an unlimited period of time and to use them only within the scope of the agreed purpose and to comply with the applicable provisions of data protection and data security. The processing of personal data by Xelon is also governed by Xelon's "Privacy Policy" and the "Agreement on commissioned data processing" concluded between the parties for commissioned data processing, including its appendix "XXX - Technical and organisational security measures", which take precedence over the provisions under § 9 in the event of any ambiguities or contradictions. With regard to third-party products that the Customer purchases from Xelon, the relevant provisions in the contractual terms and conditions of the third-party manufacturer shall apply instead of this Section 9 with regard to the handling and processing of data.
9.2. All personal data provided (such as title, name, address, date of birth, e-mail address, telephone number, fax number, bank details) will be collected, processed or used exclusively in accordance with the applicable data protection conditions.
9.3. Insofar as personal data is required for the establishment, content or amendment of the contractual relationship (inventory data), it shall be used exclusively for the processing of the concluded contracts. Any further contractually required use of inventory data for the purposes of advertising or market research requires the express consent of the customer. It is possible to give consent before declaring registration or the use of services. The declaration of consent is voluntary and can be revoked at any time.
9.4. Personal data which are necessary to enable the use of the services and to bill for them (traffic/usage data) are used to process the contracts concluded. Such traffic data are in particular the characteristics for identifying the customer as a user, information about the beginning and end as well as the scope of the respective use of services.
9.5. Furthermore, subscriber-related traffic data can be used for purposes of advertising, market research, for the demand-oriented design of Xelon's offer as well as for the creation of user profiles using pseudonyms, provided that the customer has consented to this use. The ...
Information and Audit Rights. (a) The Seller must give the Buyer all information reasonably required by the Buyer to verify that the Seller was entitled to reduce the Daily Service Limit or curtail gas receipts or deliveries under this agreement, subject to any obligations of confidentiality owed by the Seller to its Gas Transporter or another relevant third party.
(b) If the Buyer disputes the Seller’s entitlement, then the Buyer is entitled by giving at least 10 Business Days’ notice to the Seller to have an independent auditor engaged by the Seller review the basis of the reduction or curtailment to verify that the Seller has complied with its obligations under this agreement.
(c) Before the Seller engages the auditor, the Seller must advise the Buyer of the auditor’s identity and the auditor’s daily rate and estimated total cost. In addition the Buyer must be satisfied (not unreasonably) as to the independence of the auditor.
(d) The Seller must give reasonable assistance to the auditor in carrying out the audit including answering any reasonable questions or requests for explanation or requests for further information. Nothing in this clause requires the Seller to assist the auditor in carrying out the audit if:
(i) doing so would cause the Seller to breach its confidentiality obligations under any agreement to which the Seller is a party provided the Seller has complied with this clause; or
(ii) the auditor fails to execute a confidentiality agreement satisfactorily to the Seller acting reasonably.
(e) The auditor will be engaged on the basis that the auditor is not permitted to disclose to the Buyer any information disclosed to the auditor by the Seller.
(f) The auditor may only disclose to the Buyer:
(i) whether the Seller has complied with its obligations under this agreement; and
(ii) if the auditor determines that the Seller has not complied with its obligations under this agreement, the amount the Daily Service Limit should have been or the amount of gas that should have been received or delivered, as applicable.
(g) The Buyer will pay the cost of the auditor unless the auditor determines that the Seller has not complied with its obligations under this agreement in which case the Seller will pay the cost of the auditor.
Information and Audit Rights. 27.1 Customer must advise Capita immediately of any change in the circumstances affecting Customer’s business including: (i) any insolvency event, (or impending insolvency event)
Information and Audit Rights. For any reporting period up to and including December 31, 2005 the Purchaser shall use its best endeavors to ensure that the Company will, up to March 31, 2008 or when the Seller is required by statute, government authority or independent auditors to produce KGC-related information, cooperate fully and promptly with the Seller and provide the Seller with such financial information, copies of accounting and copies of other books and records as reasonably requested by Seller. Any costs for the provision of such information are to be borne by Seller and upon reasonable request by the Company prepaid by Seller.
Information and Audit Rights. (1) With regard to the processing under the main contract, Siemens shall upon the Customer’s written request make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 GDPR.
(2) Siemens shall allow for and contribute to Customer audits, including inspections (“Audits”), with regard to the processing under the main contract to demonstrate compliance with the obligations laid down in Article 28
Information and Audit Rights. Cimple shall make available to Buyer information so far as reasonably necessary to demonstrate its compliance with Cimple’s requirements under this DP Annex and shall allow for and contribute to audits, including inspections, conducted by Buyer or an auditor mandated by Buyer. Where an audit requires Cimple to allocate more than minimal resources, it shall be entitled to charge Buyer for the time spent by its staff and any resources allocated for the audit and the provision of clause 3.4 of this DP Annex shall apply mutatis mutandis.
