Records Retention, Right to Inspect. 8.2.1 Licensee shall at all times during the Term maintain and keep permanent books, ledgers, journals and other records wherein are kept entries accurately reflecting all revenue derived from operations and trip activity to or from Airport. In addition, Licensee shall keep and maintain a daily record of all trips and fares collected from each trip both to and from Airport with supporting verifiable documents showing the driver's name, and actual arrival and departure trip times. The books, ledgers, journals and other records required to be maintained and preserved pursuant to this agreement may be maintained and preserved on electronic storage media, and may be produced electronically in response to any audit or inspection conducted pursuant to this agreement. 8.2.2 No more than twice per year during normal business hours and upon reasonable advance notice, City, or its duly authorized representatives, shall have the right of access to and the right to examine and audit all records of Licensee pertaining to the calculation and payment of Fees under this License (the “Audit”). 8.2.3 It is agreed that examinations of the electronic data, books, ledgers, journals and accounts of Licensee will be conducted in accordance with generally accepted auditing standards applicable in such circumstances and as such, said examinations do not require a detailed audit of all transactions. Any such examination may not be conducted by a third party, except for a certified public accountant that it not working on a contingent fee basis. Any records disclosed to the Airport pursuant to this agreement shall not be subject to disclosure to a third party, including through a request submitted pursuant to the California Public Records Act or the federal Freedom of Information Act. Testing and sampling methods may be used by City to verify reports submitted by Licensee. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentage of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Licensee and to that end shall be admissible in court to prove any amounts due City from Licensee. In the event there is any net deficiency in the amount of ten percent (10%) or greater of the compensation payable to City hereunder, Licensee agrees to pay City for the cost of the Audit as well as any other deficiencies, payments and liquidated damages due under this or any other provision of this License.
Appears in 2 contracts
Samples: Non Exclusive License Agreement, Non Exclusive License Agreement
Records Retention, Right to Inspect. 8.2.1 Licensee shall at all times during the Term maintain and keep permanent books, ledgers, journals and other records wherein are kept entries accurately reflecting all revenue derived from operations and trip activity to or from Airport6.2.1. In addition, Licensee shall keep and maintain a daily record of all trips and fares collected the passenger counts from each trip both to and from Airport with supporting verifiable documents showing the driver's name, and actual arrival and departure trip times. The books, ledgers, journals times and other records required to be maintained and preserved pursuant to this agreement may be maintained and preserved on electronic storage media, and may be produced electronically in response to any audit or inspection conducted pursuant to this agreementregistration number of vehicle.
8.2.2 No more than twice per year during normal business hours and upon reasonable advance notice, 6.2.2. City, or its duly authorized representatives, shall shall, at all reasonable times, have the right of access to and the right to examine and audit all records of Licensee pertaining to the calculation and payment of Fees their operations under this License (the “Audit”). Licensee hereby authorizes its officers, agents, and employees to disclose to City any and all information pertaining to its operations under the license rights herein granted, including all books, ledgers, journals and other records and things done or performed by Licensee in connection therewith during the Term. Such books and records must be maintained and kept in a location within Los Angeles, Orange, Ventura or San Bernardino County by Licensee. Licensee may elect to maintain the required records at a location outside said counties; however, in doing so, Licensee accepts responsibility for reimbursing City for all travel and incidental expenses incurred in connection with each Audit.
8.2.3 6.2.3. It is agreed that examinations of the electronic data, books, ledgers, journals and accounts of Licensee will be conducted in accordance with generally accepted auditing standards according to the American Institute of Certified Public Accountants, applicable in such circumstances circumstances, and as that such, said examinations do not require a detailed audit of all transactions. Any such examination may not be conducted by a third party, except for a certified public accountant that it not working on a contingent fee basis. Any records disclosed to the Airport pursuant to this agreement shall not be subject to disclosure to a third party, including through a request submitted pursuant to the California Public Records Act or the federal Freedom of Information Act. Testing and sampling methods may be used by City to verify reports submitted by Licensee. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentage of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Licensee and to that end shall be admissible in court to prove any amounts due City from Licensee. In the event there is any net deficiency in the amount of ten two percent (102%) or greater of the compensation payable to City hereunder, Licensee agrees to pay City for the cost of the Audit as well as any other deficiencies, payments and liquidated damages due under this or any other provision of this License.
Appears in 1 contract
Samples: Non Exclusive License Agreement
Records Retention, Right to Inspect. 8.2.1 Licensee shall at all times during the Term maintain and keep permanent books, ledgers, journals and other records wherein are kept entries accurately reflecting all revenue derived from operations and trip Trip activity to or from Airport. In addition, Licensee shall keep and maintain a daily record of all trips Trips and fares collected from each trip Trip both to and from Airport with supporting verifiable documents showing the TNC driver's name, TNC vehicle license plate number, and actual arrival and departure trip Trip times. The books, ledgers, journals journals, spread sheets, database and other records required to be maintained and preserved pursuant to this agreement may be maintained and preserved on electronic storage media, and may be produced electronically in response to any audit or inspection conducted pursuant to this agreement.
8.2.2 No more than twice per year during normal business hours and upon reasonable advance notice, City, or its duly authorized representatives, shall have the right of access to and the right to examine and audit all records of Licensee pertaining to the calculation and payment of Fees under this License (the “Audit”).
8.2.3 It is agreed that examinations of the electronic data, books, ledgers, journals and accounts of Licensee will be conducted in accordance with generally accepted auditing standards applicable in such circumstances and as such, said examinations do not require a detailed audit of all transactions. Any such examination may not be conducted by a third party, except for a certified public accountant that it is not working on a contingent fee basis. Records Licensee deems confidential and or trade secret shall also be subject to examination. Any records disclosed to the Airport pursuant to this agreement shall not be subject to disclosure to a third party, including through a request submitted pursuant to the California Public Records Act or the federal Freedom of Information ActAct unless otherwise required by local, state, and or Federal law. Testing and sampling methods may be used by City to verify reports submitted by Licensee. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentage of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Licensee and to that end shall be admissible in court to prove any amounts due City from Licensee. In the event there is any net deficiency in the amount of ten percent (10%) or greater of the compensation payable to City hereunder, Licensee agrees to pay City for the cost of the Audit as well as any other deficiencies, payments and liquidated damages due under this or any other provision of this License.
Appears in 1 contract
Samples: Non Exclusive License Agreement
Records Retention, Right to Inspect. 8.2.1 16.3.1. Licensee shall at all times during the Term maintain and keep permanent books, ledgers, journals and other records wherein are kept entries accurately reflecting all revenue derived from operations and trip Trip activity to or from Airport. In addition, Licensee shall keep and maintain a daily record of all trips Trips and fares collected from each trip Trip both to and from Airport with supporting verifiable documents showing the driver's nameTNC Driver’s Digital ID, TNC Vehicle license plate number, and actual arrival and departure trip Trip times. The books, ledgers, journals journals, spread sheets, database and other records required to be maintained and preserved pursuant to this agreement may be maintained and preserved on electronic storage media, and may be produced electronically in response to any audit or inspection conducted pursuant to this agreement.
8.2.2 16.3.2. No more than twice per year during normal business hours and upon reasonable advance notice, CityLAWA, or its duly authorized representatives, shall have the right of access to and the right to examine and audit all records of Licensee pertaining to the calculation and payment of Fees under this License (the “Audit”).
8.2.3 16.3.3. It is agreed that examinations of the electronic data, books, ledgers, journals and accounts of Licensee will be conducted in accordance with generally accepted auditing standards applicable in such circumstances and as such, said examinations do not require a detailed audit of all transactions. Any such examination may not be conducted by a third party, except for a certified public accountant that it is not working on a contingent fee basis. Records Licensee deems confidential and or trade secret shall also be subject to examination. Any records disclosed to the Airport pursuant to this agreement shall not be subject to disclosure to a third party, including through a request submitted pursuant to the California Public Records Act or the federal Freedom of Information ActAct unless otherwise required by local, state, and or Federal law. Testing and sampling methods may be used by City LAWA to verify reports submitted by Licensee. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentage of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Licensee and to that end shall be admissible in court to prove any amounts due City from Licensee. In the event there is any net deficiency in the amount of ten percent (10%) or greater of the compensation payable to City LAWA hereunder, Licensee agrees to pay City LAWA for the cost of the Audit as well as any other deficiencies, payments and liquidated damages due under this or any other provision of this License.
Appears in 1 contract
Samples: Non Exclusive License Agreement
Records Retention, Right to Inspect. 8.2.1 16.3.1. Licensee shall at all times during the Term maintain and keep permanent books, ledgers, journals and other records wherein are kept entries accurately reflecting all revenue derived from operations and trip Trip activity to or from Airport. In addition, Licensee shall keep and maintain a daily record of all trips Trips and fares collected from each trip Trip both to and from Airport with supporting verifiable documents showing the driver's nameTNC Driver’s Digital ID, TNC Vehicle license plate number, and actual arrival and departure trip Trip times. The books, ledgers, journals journals, spread sheets, database and other records required to be maintained and preserved pursuant to this agreement may be maintained and preserved on electronic storage media, and may be produced electronically in response to any audit or inspection conducted pursuant to this agreement.
8.2.2 16.3.2. No more than twice per year during normal business hours and upon reasonable advance notice, CityLAWA, or its duly authorized representatives, shall have the right of access to and the right to examine and audit all records of Licensee pertaining to the calculation and payment of Fees under this License (the “Audit”).
8.2.3 16.3.3. It is agreed that examinations of the electronic data, books, ledgers, journals and accounts of Licensee will be conducted in accordance with generally accepted auditing standards applicable in such circumstances and as such, said examinations do not require a detailed audit of all transactions. Any such examination may not be conducted by a third party, except for a certified public accountant that it is not working on a contingent fee basis. Records NELA-Transportation Network Companies (TNCs) 7-15-15/NAK/k drive v8 Licensee deems confidential and or trade secret shall also be subject to examination. Any records disclosed to the Airport pursuant to this agreement shall not be subject to disclosure to a third party, including through a request submitted pursuant to the California Public Records Act or the federal Freedom of Information ActAct unless otherwise required by local, state, and or Federal law. Testing and sampling methods may be used by City LAWA to verify reports submitted by Licensee. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentage of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Licensee and to that end shall be admissible in court to prove any amounts due City from Licensee. In the event there is any net deficiency in the amount of ten percent (10%) or greater of the compensation payable to City LAWA hereunder, Licensee agrees to pay City LAWA for the cost of the Audit as well as any other deficiencies, payments and liquidated damages due under this or any other provision of this License.
Appears in 1 contract
Samples: Non Exclusive License Agreement
Records Retention, Right to Inspect. 8.2.1 5.3.1 Licensee shall at all times during the Term maintain and keep permanent books, ledgers, journals and other records wherein are kept entries accurately reflecting all gross revenue derived from operations and trip activity the charter party carrier business transacted to or from Airport. In addition, Licensee shall keep and maintain a daily record of all trips and the passenger counts and fares collected from each trip both to and from Airport with supporting verifiable documents showing the driver's name, and actual arrival and departure trip times. The books, ledgers, journals and other records required to be maintained and preserved pursuant to this agreement may be maintained and preserved on electronic storage mediaregistration number of vehicle, and may be produced electronically in response to any audit or inspection conducted pursuant to this agreementreservation numbers.
8.2.2 No more than twice per year during normal business hours and upon reasonable advance notice, 5.3.2 City, or its duly authorized representatives, shall shall, at all reasonable times, have the right of access to and the right to examine and audit all records of Licensee pertaining to the calculation and payment operations of Fees its business under this License (the “Audit”). Licensee hereby authorizes its officers, agents, and employees to disclose to City any and all information pertaining to its operations under the license rights herein granted, including all books, ledgers, journals and other records and things done or performed by Licensee in connection therewith during the Term. Such books and records must be maintained and kept in a location within Los Angeles, Orange, Ventura or San Bernardino County by Licensee. Licensee may elect to maintain the required records at a location outside said counties; however, in doing so, Licensee accepts responsibility for reimbursing City for all travel and incidental expenses incurred in connection with each Audit.
8.2.3 5.3.3 It is agreed that examinations of the electronic data, books, ledgers, journals and accounts of Licensee will be conducted in accordance with generally accepted auditing standards applicable in such circumstances and as that such, said examinations do not require a detailed audit of all transactions. Any such examination may not be conducted by a third party, except for a certified public accountant that it not working on a contingent fee basis. Any records disclosed to the Airport pursuant to this agreement shall not be subject to disclosure to a third party, including through a request submitted pursuant to the California Public Records Act or the federal Freedom of Information Act. Testing and sampling methods may be used by City to verify reports submitted by Licensee. Deficiencies ascertained by the use of such testing and sampling methods, by applying the percentage of error obtained from such testing and sampling to the entire period of reporting under examination will be binding upon Licensee and to that end shall be admissible admissable in court to prove any amounts due City from Licensee. In the event there is any net deficiency in the amount of ten two percent (102%) or greater of the compensation payable to City hereunder, Licensee agrees to pay City for the cost of the Audit as well as any other deficiencies, payments and liquidated damages due under this or any other provision of this License.
Appears in 1 contract
Samples: Non Exclusive License Agreement