Common use of Records; Audit Clause in Contracts

Records; Audit. Each Party shall keep all records necessary to confirm compliance with Clauses 29.1.1(ii), and 29.1.2 for a period of five (5) years following the year for which such records apply. If either Party asserts that the other Party is not in compliance with Clauses 29.1.1(ii), or 29.1.2, the Party asserting noncompliance shall send a notice to the other Party indicating the type of noncompliance asserted. After giving such notice, the Party asserting noncompliance may cause an independent auditor to audit the records of the other Party in respect of the asserted noncompliance. The costs of any independent auditor under this Clause 29.3 shall be paid (i) by the Party being audited, if such Party is determined not to be in compliance with Clauses 29.1.1(ii), or 29.1.2, as applicable, and (ii) by the Party requesting the audit, if the Party being audited is determined to be in compliance with Clauses 29.1.1(ii), or 29.1.2 as applicable.

Appears in 3 contracts

Samples: Shipping Services Agreement (Cheniere Corpus Christi Holdings, LLC), Shipping Services Agreement (Cheniere Corpus Christi Holdings, LLC), Shipping Services Agreement (Cheniere Corpus Christi Holdings, LLC)

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Records; Audit. Each Party shall keep all records necessary to confirm compliance with Clauses 29.1.1(ii), Sections 25.1 and 29.1.2 25.2.1 for a period of five seven (57) years following the year for which such records apply. If either a Party asserts that the other Party is not in compliance with Clauses 29.1.1(ii), Sections 25.1 or 29.1.225.2.1, the asserting Party asserting noncompliance shall send a notice to the other Party indicating the type of noncompliance asserted. After giving such notice, the asserting Party asserting noncompliance may cause an independent auditor to audit the records of the other Party in respect of the asserted noncompliance, subject to the preservation of legal privilege. The costs of any independent auditor under this Clause 29.3 Section 25.3 shall be paid (i) by the Party being auditedother Party, if such the other Party is determined not to be in compliance with Clauses 29.1.1(ii), Sections 25.1 or 29.1.225.2.1, as applicable, and (ii) by the Party requesting the auditasserting Party, if the other Party being audited is determined to be in compliance with Clauses 29.1.1(ii)Sections 25.1 or 25.2.1, or 29.1.2 as applicable.. 104

Appears in 1 contract

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

Records; Audit. Each Party shall keep all records necessary to confirm compliance with Clauses 29.1.1(ii)Sections ‎25.1, ‎25.2.1(b) and 29.1.2 ‎25.2.2 for a period of five (5) years following the year for which such records apply. If either a Party asserts that the other Party is not in compliance with Clauses 29.1.1(ii)Sections ‎25.1, ‎25.2.1(b) or 29.1.2‎25.2.2, the asserting Party asserting noncompliance shall send a notice to the other Party indicating the type of noncompliance asserted. After giving such notice, the asserting Party asserting noncompliance may cause an independent auditor to audit the records of the other Party in respect of the asserted noncompliance. The costs of any independent auditor under this Clause 29.3 Section ‎25.3 shall be paid (i) by the Party being auditedother Party, if such the other Party is determined not to be in compliance with Clauses 29.1.1(ii)Sections ‎25.1, ‎25.2.1(b) or 29.1.2‎25.2.2, as applicable, and (ii) by the Party requesting the auditasserting Party, if the other Party being audited is determined to be in compliance with Clauses 29.1.1(ii)Sections ‎25.1, ‎25.2.1(b) or 29.1.2 ‎25.2.2, as applicable.

Appears in 1 contract

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

Records; Audit. Each Party shall keep all records necessary to confirm compliance with Clauses 29.1.1(iiSections 27.1, 27.3.1(b), and 29.1.2 27.3.2 for a period of five (5) years following the year for which such records apply. If either Party asserts that the other Party is not in compliance with Clauses 29.1.1(iiSections 27.1, 27.3.1(b), or 29.1.227.3.2, the Party asserting noncompliance shall send a notice to the other Party indicating the type of noncompliance asserted. After giving such notice, the Party asserting noncompliance may cause an independent auditor to audit the records of the other Party in respect of the asserted noncompliance. The costs of any independent auditor under this Clause 29.3 Section 27.4 shall be paid (i) by the Party being audited, if such Party is determined not to be in compliance with Clauses 29.1.1(iiSections 27.1, 27.3.1(b), or 29.1.227.3.2, as applicable, and (ii) by the Party requesting the audit, if the Party being audited is determined to be in compliance with Clauses 29.1.1(iiSections 27.1, 27.3.1(b), or 29.1.2 27.3.2, as applicable.

Appears in 1 contract

Samples: LNG Fuel Supply Agreement (Hawaiian Electric Co Inc)

Records; Audit. Each Party shall keep all records necessary to confirm compliance with Clauses 29.1.1(ii)Sections 25.1, 25.2.1(b) and 29.1.2 25.2.2 for a period of five (5) years following the year for which such records apply. If either a Party asserts that the other Party is not in compliance with Clauses 29.1.1(ii)Sections 25.1, 25.2.1(b) or 29.1.225.2.2, the asserting Party asserting noncompliance shall send a notice to the other Party indicating the type of noncompliance asserted. After giving such notice, the asserting Party asserting noncompliance may cause an independent auditor to audit the records of the other Party in respect of the asserted noncompliance. The costs of any independent auditor under this Clause 29.3 Section 25.3 shall be paid (i) by the Party being auditedother Party, if such the other Party is determined not to be in compliance with Clauses 29.1.1(ii)Sections 25.1, 25.2.1(b) or 29.1.225.2.2, as applicable, and (ii) by the Party requesting the auditasserting Party, if the other Party being audited is determined to be in compliance with Clauses 29.1.1(ii)Sections 25.1, 25.2.1(b) or 29.1.2 25.2.2, as applicable.

Appears in 1 contract

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

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Records; Audit. Each Party shall keep all records necessary to confirm compliance with Clauses 29.1.1(ii), Sections 25.1 and 29.1.2 25.2.1 for a period of five seven (57) years following the year for which such records apply. If either a Party asserts that the other Party is not in compliance with Clauses 29.1.1(ii), Sections 25.1 or 29.1.225.2.1, the asserting Party asserting noncompliance shall send a notice to the other Party indicating the type of noncompliance asserted. After giving such notice, the asserting Party asserting noncompliance may cause an independent auditor to audit the records of the other Party in respect of the asserted noncompliance, subject to the preservation of legal privilege. The costs of any independent auditor under this Clause 29.3 Section 25.3 shall be paid (i) by the Party being auditedother Party, if such the other Party is determined not to be in compliance with Clauses 29.1.1(ii), Sections 25.1 or 29.1.225.2.1, as applicable, and (ii) by the Party requesting the auditasserting Party, if the other Party being audited is determined to be in compliance with Clauses 29.1.1(ii)Sections 25.1 or 25.2.1, or 29.1.2 as applicable.. 105

Appears in 1 contract

Samples: LNG Sale and Purchase Agreement (Tellurian Inc. /De/)

Records; Audit. Each Party shall keep all records necessary to confirm compliance with Clauses 29.1.1(iiSections 21.1, 21.2.1(b), and 29.1.2 21.2.2 for a period of five (5) years following the year for which such records apply. If either a Party asserts that the other Party is not in compliance with Clauses 29.1.1(iiSections 21.1, 21.2.1(b), or 29.1.2and 21.2.2, the Party asserting noncompliance shall send a notice to the other Party indicating the type of noncompliance asserted. After giving such notice, the Party asserting noncompliance may cause an independent auditor to audit the records of the other Party in respect of the asserted noncompliance. The costs of any independent auditor under this Clause 29.3 Section 21.3 shall be paid (i) by the Party being audited, if such Party is determined not to be in compliance with Clauses 29.1.1(iiSections 21.1, 21.2.1(b), or 29.1.2and 21.2.2, as applicable, and (ii) by the Party requesting the audit, if the Party being audited is determined to be in compliance with Clauses 29.1.1(iiSections 21.1, 21.2.1(b), or 29.1.2 and 21.2.2, as applicable.

Appears in 1 contract

Samples: Equity Capital Contribution Agreement (Tellurian Inc. /De/)

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