Recordkeeping and Inspection. During the Term and for three (3) years thereafter, or such longer period as may be required by law, Distributor shall keep and maintain reasonable records of all agreements, approvals and other activities relating to this Agreement. O2Diesel may, at its expense, during regular business hours and with reasonable prior notice, examine, review, and inspect all facilities in which O2Diesel Additive or O2Diesel Product is stored, blended or distributed by or on behalf of Distributor, and review, audit and analyze Distributor’s records relating to this Agreement and representative samples of O2Diesel Additive and O2Diesel Product in Distributor’s custody or control.
Recordkeeping and Inspection. Buyer shall maintain, and shall require that its Affiliates, and Licensees maintain, in accordance with GAAP, complete and accurate books of account containing all particulars relevant to Buyer’s, its Affiliates’ and Licensees’ sales of Products in sufficient detail to allow calculation and verification of all royalties and other payments payable to Seller hereunder. Such books of account, as well as all reasonably necessary supporting data, shall be kept at the principal place of business of Buyer for the two (2) years following the end of the calendar year to which each shall pertain, and shall be open for inspection by an independent certified public accountant reasonably acceptable to Buyer, upon reasonable notice during normal business hours at Seller’s expense, for the sole purpose of verifying quarterly payment statements or compliance with this Agreement. In the event the inspection determines that royalties due to Seller for any period have been underpaid by five percent (5%) or more in any given calendar year, then Buyer shall pay for all reasonable costs of the inspection, as well as make any payments required to remedy the understatement. Buyer will use commercially reasonable efforts to ensure that Seller is granted the right to audit Buyer’s Licensees’ financial records, as provided herein; provided that, to the extent that Buyer does not obtain that right for Seller, Buyer shall obtain for itself such right and, at the request of Seller, Buyer shall exercise such audit right with respect to such Licensees and provide the results of such audit for inspection by Seller pursuant to this Section 10.7. All information and data reviewed in the inspection shall be used only for the purpose of verifying royalties and shall be treated as Buyer’s Confidential Information subject to the obligations of this Agreement. No audit shall be conducted hereunder more frequently than once during any twelve (12)-month period. The results of each audit, if any, shall be binding on both parties. Any dispute regarding the results of any such inspection hereunder shall be subject to good faith discussion between by the chief executive of each party hereto, and any unresolved dispute shall be subject to arbitration in New York, New York, pursuant to the then prevailing rules of the American Arbitration Association, and the costs of such arbitration shall be borne 100% by the party which does not prevail.
Recordkeeping and Inspection. Both Parties shall keep adequate records of all Services performed, invoices issued and payments received. Once each year each Party will have the right, at any time during ordinary business hours, to audit (or to cause its designated representative to audit) the other Party’s records with respect to any amount paid or payable under this Agreement. Those audits will be conducted at the requesting Party’s expense. However, if an audit discloses that there was an over or under payment, the Party over or under paid will refund the other Party the amount of that overpayment.
Recordkeeping and Inspection. During the Term and for three (3) years thereafter, or such longer period as may be required by law, Energenics shall keep and maintain reasonable records of all agreements, approvals and other activities relating to this Agreement. O2Diesel may, at its expense, during regular business hours and with reasonable prior notice, examine, review, and inspect all facilities in which O2Diesel Additive or O2Diesel Product is stored, blended or distributed by or on behalf of Energenics, and review, audit and analyze Energenics’s records relating to this Agreement and representative samples of O2Diesel Additive and O2Diesel Product in Energenics’s custody or control.
Recordkeeping and Inspection. During the Term and for three (3) years thereafter, or such longer period as may be required by law, the Parties shall keep and maintain reasonable records of all agreements, approvals and other activities relating to this Agreement. O2Diesel or O2Diesel Europe may, at its expense, during regular business hours and with reasonable prior notice, examine, review, and inspect all facilities in which Ethanol is manufactured or distributed by or on behalf of ABRD and review, audit and analyze ABRD’s records relating to this Agreement. ABRD may, at its expense, during regular business hours and with reasonable prior notice, examine, review, and inspect all facilities in which O2Diesel Product is blended or distributed by or on behalf of O2Diesel or O2Diesel Europe, and review, audit and analyze O2Diesel’s or O2Diesel Europe’s records relating to this Agreement.
Recordkeeping and Inspection. During the Term and for three (3) years thereafter, or such longer period as may be required by law, the Parties shall keep and maintain reasonable records of all agreements, approvals and other activities relating to this Agreement. Without limiting the relevant terms of any License pertaining to the subject matter of this Section 12.5, Dyadic may, at its expense, during regular business hours and with reasonable prior notice, examine, review, and inspect all facilities in which Dyadic Technology is being practiced by or on behalf of ABRD and review, audit and analyze ABRD’s records relating to this Agreement (in combination, conduct an “Inspection”). ABRD may, at its expense, during regular business hours and with reasonable prior notice, conduct an Inspection of all facilities in which the ABRD R&D Program is being performed by or on behalf of Dyadic and review, audit and analyze Dyadic’s records relating to this Agreement.
Recordkeeping and Inspection. Lessee shall maintain and make available to Lessor upon request records (or copies thereof) pertaining to the operation, maintenance, repair, modification, alteration., location and inspection of the Units so as to verify compliance with the provisions of this Lease and as customarily maintained by it in connection with other equipment owned, leased or operated by Lessee or any affiliate and in all cases as required by Applicable Law or reasonably requested by Lessor (including so as to permit Lessor to comply with Applicable Law). If Lessee replaces one or more power assemblies on any Unit, Lessee shall promptly notify Lessor in writing with the following information:
a. Unit number,
b. Date of replacement, c. Position,
d. Liner serial number removed,
e. Liner serial number applied, and
f. Shop location and AAR Identification. Lessor or its agents, at Lessor's expense, shall have the right to inspect the Units at such reasonable times and places as Lessor may request.
Recordkeeping and Inspection. Reseller shall maintain adequate books and records in connection with its activities hereunder. Such records shall include invoicing, payment and other financial records associated with each transaction, which Reseller and/or Xxxxxxxxxx.xxx will summarize and confirm in a monthly report. Xxxxxxxxxx.xxx may audit the relevant books and records of Reseller to ensure compliance with the terms of this Agreement upon reasonable notice to Reseller. Any such audit shall be conducted during regular business hours at Reseller's offices and shall not unreasonably interfere with Reseller's business activities. If an audit reveals that Reseller has underpaid fees to Xxxxxxxxxx.xxx, Reseller shall be invoiced for such underpaid fees based upon the fees in effect at the time the underpaid fees were incurred and Reseller should repay such invoice within forty-five (45) days. Audits shall be performed no more than twice during any twelve (12) month period.
Recordkeeping and Inspection. The Chapter shall maintain copies of its organizational documents, as well as reasonable records related to all of its programs, activities, and operations. Upon the written request of the Society and at the Society’s expense, the Chapter shall permit the Society or the Society’s designated agent to review appropriate records of the Chapter pertaining to its programs, activities, and operations. Alternatively, the Chapter shall send to the Society copies of such records upon the Society’s request.
Recordkeeping and Inspection. X. XXXXXXXXX shall keep all books, documents, papers, financial records, supporting documents, statistical records, and all other records pertinent to this Agreement and each Scope of Work in accordance with generally accepted accounting principles and practices and shall retain such records for three (3) years following final payment and termination of Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement or a Scope of Work.
B. LANDOWNER shall provide REGIONAL SAN with access to its records for the purpose of auditing or copying such records at REGIONAL SAN’s sole cost and expense.
