Common use of Plan Audits Clause in Contracts

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan Assets. The determination of the Pension Transfer Amount and the allocation of Pension Plan assets and liabilities pursuant to Section 4.02 and the determination and transfer of assets from Xxxx-XxXxx pursuant to Section 8.03, may be audited on behalf of both Xxxx-XxXxx and Tronox by a consulting firm to be determined jointly by Xxxx-XxXxx and Tronox. The scope of such audit shall be limited to the accuracy of the final data relied upon and the accuracy of the computation and adherence to the methodology specified in this Agreement and, except as set forth in the last sentence of this Section 11.05(a), such audit shall not be binding on the parties. The auditing firm shall provide its report to both Xxxx-XxXxx and Tronox. No other audit shall be conducted with respect to the transfer or allocation of plan assets. The costs of such audit shall be shared proportionately to the asset split between Xxxx-XxXxx and Tronox, or, at each company’s discretion and to the extent allocable thereto, by their respective Retirement Plans. To the extent such audit recommends a change to the value of assets allocated to any Tronox Plan of less than 0.25% of the amount originally determined by Xxxx-XxXxx’x actuaries under each of Sections 4.02 and 8.03, as applicable to each transfer, the original determination shall be binding on the parties and shall not be subject to the dispute resolution process provided under the Principal Agreement. To the extent such audit recommends such a change of 0.25% or more, any unresolved dispute between the parties as to whether and how to make any change in response to such recommendation shall be subject to the dispute resolution process provided under the Principal Agreement.

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan AssetsAUDIT RIGHTS WITH RESPECT TO THE ALLOCATION OR TRANSFER OF PLAN ASSETS. The determination of the Pension Transfer Amount and the allocation of Pension Plan assets and liabilities pursuant to Section 4.02 and 3.2, the determination and transfer of assets from Xxxx-XxXxx AT&T VEBAs pursuant to Sections 5.3 and 5.5, the transfer of RFA assets pursuant to Section 8.03, may 5.4 and the transfer of assets from the AT&T Rabbi Trust pursuant to Section 6.8 shall be audited on behalf of both Xxxx-XxXxx AT&T and Tronox Lucent by a the consulting firm to be determined jointly by Xxxx-XxXxx and Tronoxof Millxxxx & Xobexxxxx. The Xxe scope of such audit shall be limited to the accuracy of the final data relied upon and the accuracy of the computation and adherence to the methodology specified in this Agreement and, and except as set forth in the last sentence of this Section 11.05(a8.7(a), such audit shall not be binding on the parties. The auditing firm shall Millxxxx & Xobexxxxx xxxll provide its report to both Xxxx-XxXxx AT&T and TronoxLucent. No other audit shall be conducted with respect to the transfer or allocation of plan Plan assets. The costs of such audit shall be shared proportionately to the asset split between Xxxx-XxXxx equally by AT&T and TronoxLucent, or, at each company’s 's discretion and to the extent allocable thereto, by their respective Retirement Pension Plans. To the extent such audit recommends a change to the value of assets allocated to any Tronox a Lucent Plan of less than 0.25% of the amount originally determined by Xxxx-XxXxx’x actuaries under each of Sections 4.02 and 8.03, as applicable to each transfer%, the original determination shall be binding on the parties and shall not be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement. To the extent such audit recommends such a change of 0.25% or more, any unresolved dispute between the parties as to whether and how to make any change in response to such recommendation shall be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement.

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan AssetsAUDIT RIGHTS WITH RESPECT TO THE ALLOCATION OR TRANSFER OF PLAN ASSETS. The determination of the Pension Transfer Amount and the allocation of Pension Plan assets and liabilities pursuant to Section 4.02 and 3.2, the determination and transfer of assets from Xxxx-XxXxx AT&T VEBAs pursuant to Sections 5.3 and 5.5, the transfer of RFA assets pursuant to Section 8.03, may 5.4 and the transfer of assets from the AT&T Rabbi Trust pursuant to Section 6.8 shall be audited on behalf of both Xxxx-XxXxx AT&T and Tronox Lucent by a the consulting firm to be determined jointly by Xxxx-XxXxx and Tronoxof Xxxxxxxx & Xxxxxxxxx. The scope of such audit shall be limited to the accuracy of the final data relied upon and the accuracy of the computation and adherence to the methodology specified in this Agreement and, and except as set forth in the last sentence of this Section 11.05(a8.7(a), such audit shall not be binding on the parties. The auditing firm Xxxxxxxx & Xxxxxxxxx shall provide its report to both Xxxx-XxXxx AT&T and TronoxLucent. No other audit shall be conducted with respect to the transfer or allocation of plan Plan assets. The costs of such audit shall be shared proportionately to the asset split between Xxxx-XxXxx equally by AT&T and TronoxLucent, or, at each company’s 's discretion and to the extent allocable thereto, by their respective Retirement Pension Plans. To the extent such audit recommends a change to the value of assets allocated to any Tronox a Lucent Plan of less than 0.25% of the amount originally determined by Xxxx-XxXxx’x actuaries under each of Sections 4.02 and 8.03, as applicable to each transfer%, the original determination shall be binding on the parties and shall not be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement. To the extent such audit recommends such a change of 0.25% or more, any unresolved dispute between the parties as to whether and how to make any change in response to such recommendation shall be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement.

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan AssetsAUDIT RIGHTS WITH RESPECT TO THE ALLOCATION OR TRANSFER OF PLAN ASSETS. The determination of the Pension Transfer Amount and the allocation of Pension Plan assets and liabilities pursuant to Section 4.02 3.2, the determination and transfer of assets from Lucent VEBAs pursuant to Sections 5.3 and 5.4, the transfer of RFA assets pursuant to Section 5.4 and the determination and transfer of assets from Xxxx-XxXxx the Lucent Rabbi Trust pursuant to Section 8.036.6, may shall be audited on behalf of both Xxxx-XxXxx Lucent and Tronox Agere by a the consulting firm to be determined jointly by Xxxx-XxXxx and Tronoxof The Segal Company. The scope of such xxxx audit shall be limited to the accuracy of the final data relied upon and the accuracy of the computation and adherence to the methodology specified in this Agreement and, except as set forth in the last sentence of this Section 11.05(a8.5(a), such audit shall not be binding on the parties. The auditing firm shall provide its report to both Xxxx-XxXxx Lucent and TronoxAgere. No other audit shall be conducted with respect to the transfer or allocation of plan Plan assets. The costs of such audit shall be shared proportionately to the asset split between Xxxx-XxXxx Lucent and TronoxAgere, or, at each company’s 's discretion and to the extent allocable thereto, by their respective Retirement Pension Plans. To the extent such audit recommends a change to the value of assets allocated to any Tronox Agere Plan of less than 0.250.25 % of the amount originally determined by Xxxx-XxXxx’x Lucent's actuaries under each of Sections 4.02 3.2, 5.3, 5.4, and 8.036.6, as applicable to each transfer, the original determination shall be binding on the parties and shall not be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement. To the extent such audit recommends such a change of 0.25% or more, any unresolved dispute between the parties as to whether and how to make any change in response to such recommendation shall be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement.

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan AssetsAUDIT RIGHTS WITH RESPECT TO THE ALLOCATION OR TRANSFER OF PLAN ASSETS. The determination of the Pension Transfer Amount and the allocation of Pension Plan assets and liabilities pursuant to Section 4.02 and 3.2, the determination and transfer of assets from Xxxx-XxXxx Lucent VEBAs pursuant to Sections 5.3 and 5.4, the transfer of RFA assets pursuant to Section 8.03, may 5.4 and the transfer of assets from the Lucent Rabbi Trust pursuant to Section 6.6 shall be audited on behalf of both Xxxx-XxXxx Lucent and Tronox Avaya by a the consulting firm to be determined jointly by Xxxx-XxXxx and Tronoxof Willxxx X. Xxxxxx, Xxcorporated. The scope of such audit shall be limited to the accuracy of the final data relied upon and the accuracy of the computation and adherence to the methodology specified in this Agreement and, except as set forth in the last sentence of this Section 11.05(a8.5(a), such audit shall not be binding on the parties. The auditing firm shall provide its report to both Xxxx-XxXxx Lucent and TronoxAvaya. No other audit shall be conducted with respect to the transfer or allocation of plan Plan assets. The costs of such audit shall be shared proportionately to the asset split between Xxxx-XxXxx Lucent and TronoxAvaya, or, at each company’s 's discretion and to the extent allocable thereto, by their respective Retirement Pension Plans. To the extent such audit recommends a change to the value of assets allocated to any Tronox Avaya Plan of less than 0.250.25 % of the amount originally determined by Xxxx-XxXxx’x Lucent's actuaries under each of Sections 4.02 3.2, 5.3, 5.4, and 8.036.6, as applicable to each transfer, the original determination shall be binding on the parties and shall not be subject to the dispute resolution process provided under the Principal Contribution and Distribution Agreement. To the extent such audit recommends such a change of 0.25% or more, any unresolved dispute between the parties as to whether and how to make any change in response to such recommendation shall be subject to the dispute resolution process provided under the Principal Contribution and Distribution Agreement.

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan AssetsAUDIT RIGHTS WITH RESPECT TO THE ALLOCATION OR TRANSFER OF PLAN ASSETS. The determination of the Pension Transfer Amount and the allocation of Pension Plan assets and liabilities pursuant to Section 4.02 3.2, the determination and transfer of assets from Lucent VEBAs pursuant to Sections 5.3 and 5.4, the transfer of RFA assets pursuant to Section 5.4 and the determination and transfer of assets from Xxxx-XxXxx the Lucent Rabbi Trust pursuant to Section 8.036.6, may shall be audited on behalf of both Xxxx-XxXxx Lucent and Tronox Agere by a the consulting firm to be determined jointly by Xxxx-XxXxx and Tronoxof The Segax Xxxpany. The scope of such audit shall be limited to the accuracy of the final data relied upon and the accuracy of the computation and adherence to the methodology specified in this Agreement and, except as set forth in the last sentence of this Section 11.05(a8.5(a), such audit shall not be binding on the parties. The auditing firm shall provide its report to both Xxxx-XxXxx Lucent and TronoxAgere. No other audit shall be conducted with respect to the transfer or allocation of plan Plan assets. The costs of such audit shall be shared proportionately to the asset split between Xxxx-XxXxx Lucent and TronoxAgere, or, at each company’s 's discretion and to the extent allocable thereto, by their respective Retirement Pension Plans. To the extent such audit recommends a change to the value of assets allocated to any Tronox Agere Plan of less than 0.250.25 % of the amount originally determined by Xxxx-XxXxx’x Lucent's actuaries under each of Sections 4.02 3.2, 5.3, 5.4, and 8.036.6, as applicable to each transfer, the original determination shall be binding on the parties and shall not be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement. To the extent such audit recommends such a change of 0.25% or more, any unresolved dispute between the parties as to whether and how to make any change in response to such recommendation shall be subject to the dispute resolution process provided under the Principal Separation and Distribution Agreement.