Records and Access to Records. At all times during the continuation of the Partnership, the General Partner shall keep or cause to be kept full and true books of account maintained in accordance which generally accepted accounting principles consistently applied in which shall be entered fully and accurately each transaction of the Partnership. Such books of account, together with a copy of this Agreement and of the Certificate of Limited Partnership, shall at all times be maintained at the principal place of business of the Partnership and shall be open to inspection and examination at reasonable times by all Partners and their duly authorized representatives for any purpose reasonably related to such Partner’s interest as a partner in the Partnership. The books of account and the records of the Partnership shall be examined by and reported upon as of the end of each fiscal year of the Partnership by a firm of independent certified public accountants of national reputation selected by the General Partner.
Records and Access to Records. (a) Each Party agrees to maintain, and to cause its applicable Affiliates to maintain, books and records arising from or related to any Services provided hereunder that are accurate and complete in all material respects during the term of each Service and for a period of four (4) years following the termination or expiration of such Service, including but not limited to accounting records and documentation produced in connection with the rendering of any Service and in the calculation of any compensation payable pursuant hereto (the “Records”).
(b) During the term hereof and for one year thereafter, no more than once during each six month period in each fiscal year, the Recipient Party shall have the right to audit the Records of the Provider Party and its Affiliates pertaining to the Services received during that fiscal year. The Recipient Party may use an independent auditor to perform any such audit that is reasonably acceptable to the Provider Party. Prior to the Recipient Party using an independent auditor, such independent auditor shall enter into an agreement with the Parties, on terms that are agreeable to both Parties, under which such independent auditor agrees to maintain the confidentiality of the information and materials reviewed during the course of such audit. The findings of such audit shall be considered Confidential Information for the purposes of this Agreement.
(c) Any audit shall be conducted during regular business hours and in a manner that does not interfere unreasonably with the operations of the Provider Party or its Affiliates. Each audit shall begin upon the date agreed by the Parties, but in no event more than ten (10) days after notice from the Recipient of such audit, and shall be completed as soon as reasonably practicable. The Recipient Party shall pay or cause to be paid the costs of conducting such audit, unless the results of an audit reveal an overpayment of the applicable audited Service of 7.5% or more, in which case, the Provider Party shall pay or cause to be paid the lesser of the pro-rata portion of the audit fees for auditing such Service or an amount equal to the amount of the overpayment. If the audit concludes that an overpayment or underpayment has occurred during the audited period, such payment shall be remitted by the Party or its Affiliate responsible for such payment to the other Party or its Affiliate to whom such payment is owed within thirty (30) days after the date such auditor’s written report iden...
Records and Access to Records. 6.1 To the extent applicable and necessary for Xxxxx and/or Plans to meet their respective data reporting and submission obligations to CMS, Provider shall provide to Xxxxx and/or Plan(s) all data and information in Provider’s possession and in the possession of each of Provider’s practitioner(s), to the extent applicable and as necessary. Such information shall include, but shall not be limited to the following:
6.1.1 any data necessary to characterize the context and purposes of each encounter between a Medicare Advantage Member and each Practitioner, including, without limitation, appropriate diagnosis codes applicable to a Medicare Advantage Member; and
6.1.2 any information necessary for CMS to administer and evaluate the program; and
6.1.3 as requested by Xxxxx, any information necessary (a) to show establishment and facilitation of a process for current and prospective Medicare Advantage Members to exercise choice in obtaining Covered Services; (b) to report disenrollment rates of Medicare Advantage Members enrolled in Plan(s) for the previous two years; (c) to report Medicare Advantage Member satisfaction; and
Records and Access to Records. 1. The Service Provider agrees to use commercially reasonable efforts to perform all data processing activities and to keep and maintain identifiable, orderly, accurate, complete and timely records and accounts of all business and transactions pertaining thereto and Claims administered under this Administration Agreement including complete underwriting and claims files; provided, however, that to the extent that the condition or sufficiency of the statistical data, books, records, accounts and files provided to the Service Provider by the Company under this Administration Agreement or the Service Agreement causes circumstances that would constitute a breach by the Service Provider of its obligations under this Administration Agreement, the Service Provider will be deemed not to be in default under this Administration Agreement. The Service Provider agrees to keep such records and accounts available at such locations as required by applicable state law. All books, records and files established and maintained by the Service Provider by reason of its performance under this Administration Agreement shall be subject to examination at all reasonable times upon reasonable notice by the Company and persons authorized by it or any governmental agency having jurisdiction over the Company.
2. The Company shall on the Closing Date, or as soon thereafter as is practicable:
(a) transfer to the Service Provider in a commercially reasonable manner and form the files, or copies thereof, owned by it that relate exclusively to each Administered Contract or, if not exclusively so relating, copies of those portions of such files applicable to each Administered Contract will be transferred to the Service Provider to the extent reasonable and practicable; and
(b) if a file or portion thereof relating to an Administered Contract cannot be transferred or a copy cannot be provided to the Service Provider pursuant to Article IX B hereof, then it will be made available for inspection by the Service Provider.
(a) If the transfer of any files requires the 18 21 consent of any Person, the Company shall use commercially reasonable efforts to secure such consent on or prior to the date such transfer is to be made. Where such consent cannot be obtained, the Company shall not be required to transfer the applicable files to the Service Provider but shall provide copies of such files unless the absence of such consent prohibits providing copies, in which case the Company shall provide the Ser...
Records and Access to Records. [Reserved.]
Records and Access to Records of the Agreement is hereby amended by deleting the last sentence of that section, which provided for annual reports by independent certified public accountants.
Records and Access to Records. Charter shall prepare and maintain up-to-date and correct records, which shall be considered the property of the Company and which shall be available for examination by or surrender to the Company, at the Company's expense, at such times as the Company may reasonably request during Charter's business hours. The owner accounting and statistical information contained in such records shall, upon request, be transmitted to the Company in sufficient detail to enable it to meet its contract owner service obligations. Sufficient records shall be maintained in the office of the Company to enable it to process any inquiry made or application submitted by an contract owner or beneficiary with no significant delay. If it is necessary to transfer records in connection with the performance of specific services, copies of such records shall be transferred and the originals maintained at the home office of the Company. Persons providing services shall forward to the home office of the Company the originals or copies of all work papers, related records, and documents prepared and utilized in connection with such services. While records which are maintained solely on EDP tapes, disks, etc., need not be forwarded to the Company, Charter, when requested, shall provide print-outs of such tapes, disks, etc., which shall be available for inspection by the Superintendent of the New York Insurance Department at the Company's home office.
Records and Access to Records. The City shall promptly make available to the Developer for inspection and copying all documents, information and public records in the possession or control of the City, which relate to the Property or the Project.
Records and Access to Records. 4.1 The and its sub-contractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred relative to this Agreement in accordance with 48 CFR 31 of the Federal Acquisition Regulation and shall make such material available at its respective offices at all reasonable times during the Agreement period. Such records shall be retained until such time as an audit is made by the Department of Transportation and Development or the
Records and Access to Records. Following Fibr-Plast's exercise of its option as aforesaid, Fibr-Plast shall make available to Xxxxxxx Group during normal business hours and upon reasonable notice all of the books and records of TJS Plastics to and through the date of closing for Xxxxxxx Group to review and copy in connection with any tax audit, tax review or the like by either Federal or State tax authorities.
