Records and Sample Collection. (a) You must: (i) keep records in sufficient detail to enable all EPRs to be easily and accurately determined; (ii) keep the records for 7 years from the date you Sell any Harvested Material; (iii) within 30 days after receiving a request from us, make those records available to Us or an auditor appointed by us; (iv) upon receiving reasonable notice permit Us or any agent nominated by Us to enter Your premises or any premises under Your control during normal business hours to inspect and audit all relevant records, and pay all audit fees (on an indemnity basis) where the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than five per cent (5%) and also pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount).; and (v) if an audit is conducted and the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than (5%) You may be required to: (A) pay all audit fees (on an indemnity basis); (B) pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount); and (C) pay interest on the amount of EPR owing at the rate outlined in Schedule 2. Interest will be charged from the 1st of April in the year the EPR’s owing were normally required to be paid. (b) If any audit shows that You have overpaid Us by more than 5% We will credit the overpayment against future payments. (c) You agree that upon giving reasonable notice to You, We or an agent nominated by Us may collect images and/or samples of Your plants and/or grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Appears in 3 contracts
Samples: Variety License Agreement, Variety License, Variety License
Records and Sample Collection. (a) You must:
(i) keep records in sufficient detail to enable all EPRs to be easily and accurately determined;
(ii) keep the records for 7 years from the date you Sell any Harvested Material;.
(iii) within 30 days after receiving a request from us, make those records available to Us or an auditor appointed by us;
(iv) upon receiving giving reasonable notice permit Us or any agent nominated by Us to enter Your premises or any premises under Your control during normal business hours to inspect and audit all relevant records, and pay all audit fees (on an indemnity basis) where the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than five per cent (5%) and also pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount).; and
(v) if an audit is conducted and the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than (5%) You may be required to:
(A) pay all audit fees (on an indemnity basis);
(B) pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount); and
(C) pay interest on the amount of EPR owing at the rate outlined in Schedule 23. Interest will be charged from the 1st of April in the year the EPR’s owing were normally required to be paid.
(b) If any audit shows that You have overpaid Us by more than 5% We will credit the overpayment against future payments.
(c) You agree that upon giving reasonable notice to You, We or an agent nominated by Us may collect images and/or samples of Your plants and/or grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Appears in 2 contracts
Samples: Variety License Agreement, Variety License Agreement
Records and Sample Collection. (a) 8.1 You must:
(i) A. keep records in sufficient detail to enable all EPRs to be easily and accurately determined;
(ii) B. keep the records for 7 years from the date you You Sell or otherwise Use any Harvested Material;
(iii) C. within 30 days after receiving a request from usUs, make those records available to Us or an auditor or agent appointed by us;
(iv) D. upon receiving giving reasonable notice permit Us or any auditor or agent nominated appointed by Us to enter the Your premises or any premises under Your control during normal business hours to inspect and audit all relevant records, and pay all audit fees (on an indemnity basis) where the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than five per cent (5%) and also pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount).; and
(v) E. if an audit is conducted and the audit report indicates that You have underpaid, underpaid (whether due to under-estimated estimation or under-calculated calculation or otherwise) any amount due as EPRs, You must pay Us, if required by Us:
1. where you have underpaid EPRs by more than (5%) You may be required to:
(A) pay % or more, all reasonable audit fees (on an indemnity basis)fees;
(B) pay 2. the full amount of any shortfall (inclusive of including any GST or other taxes owing on such amount); and
(C) pay 3. interest on the amount of EPR EPRs owing at the rate and in the manner outlined in Schedule 2. Interest will be charged from the 1st of April in the year the EPR’s owing were normally required to be paid2 Item 3.
(b) 8.2 If any audit shows that You have overpaid Us by more than 5% Us, We will credit the overpayment against future payments, or if there is no payment due within 18 months, we will refund the overpayment to You, in each case less $100 in respect of Our administrative costs and expenses (unless the overpayment was due to Our error).
(c) 8.3 You agree that upon giving reasonable notice to You, We or an auditor or agent nominated appointed by Us may collect images and/or samples of Your the plants and/or grain either on farm (on reasonable notice) or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Appears in 1 contract
Samples: Seed License and Royalty Agreement