Common use of Records, Statements and Audit Rights Clause in Contracts

Records, Statements and Audit Rights. Mesa shall maintain separate accounting books and records for the Flight Services and Other Services performed by Mesa under this Agreement. All Incurred Costs Statements and other requests for payment made by Mesa pursuant to this Section 7 shall be accompanied by such supporting information, documentation and calculations described on Exhibit E, attached hereto, and as AWA may reasonably request from time to time (the “Backup Information”). If AWA disputes the amount set forth in any statement or the Backup Information is inadequate, incomplete or inaccurate, then AWA shall pay the undisputed portion of such statement and the portions for which the Backup Information is adequate, complete and accurate, timely, and together with such payment provide Mesa with a written statement of any disputed amount and the amounts for which the Backup Information is inadequate, incomplete or inaccurate. AWA and Mesa shall meet and confer to resolve any disputed amount and inadequate, incomplete or inaccurate Backup Information within 30 days after AWA provides notice of the dispute. Disputed amounts and amounts for which the Backup Information is inadequate, incomplete or inaccurate shall not be payable until the dispute is resolved and then shall be payable within 10 days after the dispute is resolved. AWA, upon 2 business days’ prior written notice, may review and audit, or cause its independent accountants to review and audit, all records and files (including computer data bases) maintained by Mesa and relevant to the calculation of the payments required to be made by AWA pursuant to this Agreement. If AWA’s review of the records and files reveals that Mesa has overcharged AWA or underpaid AWA, then Mesa shall pay to AWA, upon demand, the overpayments and/or underpayments and the costs and expenses of AWA incurred in completing such review and audit and, if such overcharge or underpayment is willful or intentional or exceeds more than 10% of the sums actually payable or receivable by AWA, then Mesa, within 10 days after receipt of written demand, shall pay to AWA an amount equal to 3 times the overcharge or underpayment. Mesa shall maintain all records, files, information, data and documentation (including computer data bases) used in calculating the sums payable or receivable by AWA under this Agreement in good condition and order at Mesa’s corporate headquarters. AWA shall not be required to pay any sums, and shall be entitled to receive a refund of any sum paid, for which Mesa is unable to provide supporting information, documentation or data.

Records, Statements and Audit Rights. Mesa shall maintain separate accounting books and records for the Flight Services and Other Services performed by Mesa under this Agreement. All Incurred Costs Statements and other requests for payment made by Mesa pursuant to this Section 7 shall be accompanied by such supporting information, documentation and calculations described on Exhibit E, attached hereto, and as AWA may reasonably request from time to time (the “"Backup Information”"). If AWA disputes the amount set forth in any statement or the Backup Information is inadequate, incomplete or inaccurate, then AWA shall pay the undisputed portion of such statement and the portions for which the Backup Information is adequate, complete and accurate, timely, and together with such payment provide Mesa with a written statement of any disputed amount and the amounts for which the Backup Information is inadequate, incomplete or inaccurate. AWA and Mesa shall meet and confer to resolve any disputed amount and inadequate, incomplete or inaccurate Backup Information within 30 days after AWA provides notice of the dispute. Disputed amounts and amounts for which the Backup Information is inadequate, incomplete or inaccurate shall not be payable until the dispute is resolved and then shall be payable within 10 days after the dispute is resolved. AWA, upon 2 business days’ ' prior written notice, may review and audit, or cause its independent accountants to review and audit, all records and files (including computer data bases) maintained by Mesa and relevant to the calculation of the payments required to be made by AWA pursuant to this Agreement. If AWA’s 's review of the records and files reveals that Mesa has overcharged AWA or underpaid AWA, then Mesa shall pay to AWA, upon demand, the overpayments and/or underpayments and the costs and expenses of AWA incurred in completing such review and audit and, if such overcharge or underpayment is willful or intentional or exceeds more than 10% of the sums actually payable or receivable by AWA, then Mesa, within 10 days after receipt of written demand, shall pay to AWA an amount equal to 3 times the overcharge or underpayment. Mesa shall maintain all records, files, information, data and documentation (including computer data bases) used in calculating the sums payable or receivable by AWA under this Agreement in good condition and order at Mesa’s corporate headquarters. AWA shall not be required to pay any sums, and shall be entitled to receive a refund of any sum paid, for which Mesa is unable to provide supporting information, documentation or data.***CONFIDENTIAL TREATMENT REQUESTED

Records, Statements and Audit Rights. Mesa shall maintain separate accounting books and records for the Flight Services and Other Services performed by Mesa under this Agreement. All Incurred Costs Statements and other requests for payment made by Mesa pursuant to this Section 7 shall be accompanied by such supporting information, documentation and calculations described on Exhibit E, attached hereto, and as AWA may reasonably request from time to time (the “Backup Information”). If AWA disputes the amount set forth in any statement or the Backup Information is inadequate, incomplete or inaccurate, then AWA shall pay the undisputed portion of such statement and the portions for which the Backup Information is adequate, complete and accurate, timely, and together with such payment provide Mesa with a written statement of any disputed amount and the amounts for which the Backup Information is inadequate, incomplete or inaccurate. AWA and Mesa shall meet and confer to resolve any disputed amount and inadequate, incomplete or inaccurate Backup Information within 30 days after AWA provides notice of the dispute. Disputed amounts and amounts for which the Backup Information is inadequate, incomplete or inaccurate shall not be payable until the dispute is resolved and then shall be payable within 10 days after the dispute is resolved. AWA, upon 2 business days’ prior written notice, may review and audit, or cause its independent accountants to review and audit, all records and files (including computer data bases) maintained by Mesa and relevant to the calculation of the payments required to be made by AWA pursuant to this Agreement. If AWA’s review of the records and files reveals that Mesa has overcharged AWA or underpaid AWA, then Mesa shall pay to AWA, upon demand, the overpayments and/or underpayments and the costs and expenses of AWA incurred in completing such review and audit and, if such overcharge or underpayment is willful or intentional or exceeds more than 10% of the sums actually payable or receivable by AWA, then Mesa, within 10 days after receipt of written demand, shall pay to AWA an amount equal to 3 times the overcharge or underpayment. Mesa shall Table of Contents maintain all records, files, information, data and documentation (including computer data bases) used in calculating the sums payable or receivable by AWA under this Agreement in good condition and order at Mesa’s corporate headquarters. AWA shall not be required to pay any sums, and shall be entitled to receive a refund of any sum paid, for which Mesa is unable to provide supporting information, documentation or data.

Records, Statements and Audit Rights. Mesa shall maintain separate accounting books and records for the Flight Services and Other Services performed by Mesa under this Agreement. All Incurred Costs Statements and other requests for payment made by Mesa pursuant to this Section 7 shall be accompanied by such supporting information, documentation and calculations described on Exhibit E, attached hereto, and as AWA may reasonably request from time to time (the “"Backup Information”"). If AWA disputes the amount set forth in any statement or the Backup Information is inadequate, incomplete or inaccurate, then AWA shall pay the undisputed portion of such statement and the portions for which the Backup Information is adequate, complete and accurate, timely, and together with such payment provide Mesa with a written statement of any disputed amount and the amounts for which the Backup Information is inadequate, incomplete or inaccurate. AWA and Mesa shall meet and confer to resolve any disputed amount and inadequate, incomplete or inaccurate Backup Information within 30 days after AWA provides notice of the dispute. Disputed amounts and amounts for which ---------- *** Confidential Treatment Requested the Backup Information is inadequate, incomplete or inaccurate shall not be payable until the dispute is resolved and then shall be payable within 10 days after the dispute is resolved. AWA, upon 2 business days’ ' prior written notice, may review and audit, or cause its independent accountants to review and audit, all records and files (including computer data bases) maintained by Mesa and relevant to the calculation of the payments required to be made by AWA pursuant to this Agreement. If AWA’s 's review of the records and files reveals that Mesa has overcharged AWA or underpaid AWA, then Mesa shall pay to AWA, upon demand, the overpayments and/or underpayments and the costs and expenses of AWA incurred in completing such review and audit and, if such overcharge or underpayment is willful or intentional or exceeds more than 10% of the sums actually payable or receivable by AWA, then Mesa, within 10 days after receipt of written demand, shall pay to AWA an amount equal to 3 times the overcharge or underpayment. Mesa shall maintain all records, files, information, data and documentation (including computer data bases) used in calculating the sums payable or receivable by AWA under this Agreement in good condition and order at Mesa’s 's corporate headquarters. AWA shall not be required to pay any sums, and shall be entitled to receive a refund of any sum paid, for which Mesa is unable to provide supporting information, documentation or data.