OTHER RECORDS AND DOCUMENTS. All books, records, and files established and maintained by DSI by reason of its performance under this Agreement which, absent this Agreement, would have been held by Golden American shall be deemed the property of Golden American, and shall be subject to examination by Golden American and persons authorized by it at all times, and shall be delivered to Golden American at least quarterly. The records held by Golden American for services provided for DSI shall be deemed property of DSI, and shall be subject to examination by DSI and persons authorized by it at all times. With respect to original documents other than those provided for in Section 5 hereof which would otherwise be held by Golden American and which may be obtained by DSI in performing under this Agreement, DSI shall deliver such documents to Golden American within thirty (30) days of their receipt by DSI except where continued custody of such original documents is necessary to perform services hereunder. The records held by Golden American in the performance of services for DSI shall be delivered to DSI within thirty (30) days of their receipt by Golden American except where continued custody is necessary to perform services hereunder.
OTHER RECORDS AND DOCUMENTS. All books, records, and files established and maintained by Provider by reason of its performance under this Agreement which, absent this Agreement, would have been held by Company, shall be deemed the property of Company, and shall be subject to examination at all times by Company and persons authorized by it or any governmental agency having jurisdiction over Company, and shall be delivered to Company at least quarterly. With respect to original documents other than those provided for in Section 5 hereof which would otherwise be held by Company and which may be obtained by Provider in performing under this Agreement, Provider shall deliver such documents to Company within thirty (30) days of their receipt by Provider except where continued custody of such original documents is necessary to perform hereunder.
OTHER RECORDS AND DOCUMENTS. All other books, records, and files related to the AML Services, as established and maintained by Xxxxxxx or the Funds by reason of their performance of its obligations under this Agreement which, absent this Agreement, would have been held by the other Party, shall be deemed the property of the other Party, and shall be subject to examination at all times by the other Party and its authorized representatives or any governmental agency having jurisdiction. Further, a Party shall immediately notify the other Party of any regulatory requests to inspect and review such books, records, and files related to the AML Services.
OTHER RECORDS AND DOCUMENTS. (a) All books, records, and files established and maintained by Bankers by reason of its performance under this Agreement which, absent this Agreement, would have been held by IMSG, shall be the property of IMSG and shall be subject to examination by IMSG and persons authorized by it at all times. IMSG may at any time require Bankers to surrender possession of such books, records and files, whereupon Bankers shall deliver them to IMSG.
(b) Without limiting the generality of the foregoing and notwithstanding anything in this Agreement appearing to the contrary, it is mutually understood and agreed that IMSG shall maintain the originals of its books of account at its home office in Florida. For the purposes of this Agreement, the term "books of account" means: the Charter and By-laws; the record containing the names and addresses of shareholders, the number and class of shares held by each and the dates when they respectively became the owners of record thereof; the minutes of any meetings of shareholders and of the board of directors and any committees thereof; the general ledger; the investment ledger; journals; the cash book; subsidiary ledgers; annual and quarterly statements; and all minutes supporting annual, quarterly and other statements and reports filed with or submitted to supervisory and regulatory authorities.
OTHER RECORDS AND DOCUMENTS. All other books, records, and files established and maintained by Parent by reason of its performance of its obligations under this Agreement which, absent this Agreement, would have been held by Company, shall be deemed the property of Company, and shall be subject to examination at all times by Company and persons authorized by it or any governmental agency having jurisdiction over Company, and the originals or copies thereof shall be delivered to Company not less frequently than quarterly.
OTHER RECORDS AND DOCUMENTS. All books, records, and files established and maintained by AAG and/or SUBCONTRACTORS by reason of its performance under this Agreement which, absent this Agreement, would have been held by AILIC shall be deemed the property of AILIC, and shall be subject to examination by AILIC and persons authorized by it at all times, and shall be delivered to AILIC at least quarterly. With respect to original documents other than those provided for in Section 5 hereof which would otherwise be held by AILIC and which may be obtained by AAG in performing under this Agreement, AAG shall deliver such documents to AILIC within thirty (30) days of their receipt by AAG except where continued custody of such original documents is necessary to perform hereunder
OTHER RECORDS AND DOCUMENTS. (a) In addition to the foregoing, each of the Sellers, as applicable, agrees to deliver to the Purchaser, within twenty (20) days of the Agreement Date, a full and accurate list and a copy of each of the following to the extent such copies are in the possession or control of any of the Sellers:
(i) copies of any and all deeds, certificates of title, liens, encumbrances, deeds of trust, mortgages, judgments, rights-of-way or easements, servitudes, covenants, conditions or restrictions, other exceptions or matters relating to or affecting any real or personal property used in any of the Businesses;
(ii) all reciprocal easement/servitude agreements and similar agreements which are in effect with any other interested party with respect to any of the Premises or any of the Businesses;
(iii) copies of all certificates of occupancy, zoning variances, licenses, permits, authorizations and approvals relating to any of the Premises or any of the Businesses from any authority having jurisdiction over any of the Premises or any of the Businesses, together with any other notices and agreements related thereto, including, but not limited to, any and all gaming, occupational and liquor licenses and permits and renewals of the same or applications therefor;
(iv) to the extent not already required above, copies of any and all environmental permits, notices, demands, action letters, reports, assessments, audits, directives from any local, parish, state or federal agency, documentation of any environmental matter related to any of the Premises; identification of which portion of each of the Premises has ever been or is now being used for the storage, generation, treatment, manufacture, disposal or release of any “hazardous substance” as defined by the Comprehensive Environmental Response Compensation and Liability Act, identification of all waste disposal sites and the location of all underground storage tanks or lines, whether in use or abandoned; a summary of all environmental testing done by any of the Sellers or their lender(s); and identification of any event of non-compliance with any Environmental and Safety Requirements;
(v) copies of all real estate, personal property, fuel and ad valorem taxes, assessments, general and special, bills and returns, gaming and liquor license fees and renewals and any and all notices of delinquencies and assessments of the same for any of the Businesses received by any of the Sellers within the twenty-four (24) month period preceding t...
OTHER RECORDS AND DOCUMENTS. All books, records, and files established and maintained by Provider by reason of its performance under this Agreement which, absent this Agreement, would have been held by Company, shall be deemed the property of Company, and shall be subject to examination at all times by Company and persons authorized by it or any governmental agency having jurisdiction over Company, and shall be delivered to Company at least quarterly. All such books, records, and files shall be promptly transferred to Company by Provider upon termination of this Agreement, at Company's expense. With respect to original documents other than those provided for under Section 5 hereof which would otherwise be held by Company and which may be obtained by Provider in performing under this Agreement, Provider shall deliver such documents to Company within thirty (30) days of their receipt by Provider except where continued custody of such original documents is necessary to perform hereunder.
OTHER RECORDS AND DOCUMENTS. Any other books, records, and files (for example, actuarial work papers or administrative summaries) established and maintained by Provider by reason of its performance under this Agreement which, absent this Agreement, would have been held by Company, shall be deemed the property of Company, and shall be subject to examination at all times by Company and persons authorized by it or any governmental agency having jurisdiction over Company, and shall be delivered to Company at least quarterly. All such books, records, and files shall be promptly transferred to Company by Provider upon termination of this Agreement, and Company shall pay to Provider therefor an amount equal to the costs incurred by Provider in making such transfer. With respect to original documents other than those provided for under Section 5 hereof which would otherwise be held by Company and which may be obtained by Provider in performing under this Agreement, Provider shall deliver such documents to Company within thirty (30) days of their receipt by Provider except where continued custody of such original documents is necessary to perform hereunder.
OTHER RECORDS AND DOCUMENTS. All books, records and files established and maintained by each performing Group member by reason of its performance under this Agreement which, absent this Agreement, would have been held by the recipient Group member shall be the property of the recipient Group member and shall be subject to examination by the recipient Group member and persons authorized by it at all times. Recipient Group members may at any time require the performing Group member to surrender possession of such books, records, and files, whereupon the performing Group member shall deliver them to the recipient Group member.
