Common use of Review of bills Clause in Contracts

Review of bills. Provided that there is no Event of Default hereunder, Konarka shall have the right to reasonably review supporting data for any portion of a Multilayer's xxxx or reconciliation statement (a "Statement"), exercisable by written notice delivered to Multilayer within sixty (60) days after Multilayer's delivery of such Statement to Konarka. Such review shall be performed at Konarka's sole cost at such place as Multilayer may reasonably designate and at such time and upon notice as shall minimize any disruption to Multilayer's business operations. The results of said review shall be presented to Multilayer no later than one hundred twenty (120) days after issuance of Multilayer's Statement. If Konarka fails to timely give notice of its election to review any Multilayer's Statement or fails to complete such review within one hundred twenty (120) days after issuance of Multilayer's Statement, then Konarka shall have no right to review or contest such Statement. Any dispute pertaining to Multilayer's Statement shall be resolved by an independent certified public accountant of national standing reasonably selected by Multilayer and reasonably acceptable to Konarka, whose determination shall be binding, and whose fees shall be borne by the party whose position such accountant determines shall depart the most from its determination. Any records reviewed hereunder constitute confidential information of Multilayer, which shall not be disclosed by Konarka to anyone other than the aforesaid accountant. Whether or not Konarka elects to contest its payments of costs under this Agreement, Konarka shall pay all sums required hereunder as and when due, with an appropriate adjustment if needed after a Statement has been reviewed pursuant to this Section 1.5. 11-12-08

Review of bills. Provided that there is no Event of Default hereunder, Konarka Multilayer shall have the right to reasonably review supporting data for any portion of a Multilayer's Lxxxxxx xxxx or reconciliation statement (a "Statement"), exercisable by written notice delivered to Multilayer Lxxxxxx within sixty (60) days after Multilayer's Lxxxxxx'x delivery of such Statement to KonarkaMultilayer. Such review shall be performed at KonarkaMultilayer's sole cost at such place in Massachusetts as Multilayer Lxxxxxx may reasonably designate and at such time and upon notice as shall minimize any disruption to Multilayer's Lxxxxxx'x business operations. The results of said review shall be presented to Multilayer Lxxxxxx no later than one hundred twenty sixty (12060) days after issuance of Multilayer's StatementLxxxxxx has made available to Multilayer supporting data for its Statement as provided above. If Konarka Multilayer fails to timely give notice of its election to review any Multilayer's Lxxxxxx Statement or fails to complete such review within one hundred twenty sixty (12060) days after issuance Multilayer has received the supporting data for of Multilayer's Lxxxxxx'x Statement, then Konarka Multilayer shall have no right to review or contest such Statement. Notwithstanding the foregoing, if Multilayer timely elects to review a reconciliation Statement, then Multilayer's failure to previously review any prior Statement to which such reconciliation Statement relates shall not prevent Multilayer from reviewing and challenging such prior Statement(s) as part of its review of a reconciliation Statement. Any dispute pertaining to Multilayer's Lxxxxxx'x Statement shall be resolved by an independent certified public accountant of national standing reasonably selected by Multilayer and reasonably acceptable to KonarkaLxxxxxx, whose determination shall be binding, and whose fees shall be borne by the party whose position such accountant determines shall depart the most from its determination. Any records reviewed hereunder constitute confidential information of MultilayerLxxxxxx, which shall not be disclosed by Konarka Multilayer to anyone other than the aforesaid accountantaccountant other than Multilayer's accountants, consultants, and attorneys. Whether or not Konarka Multilayer elects to contest its payments of costs under this Agreement, Konarka Multilayer shall pay all sums required hereunder as and when due, with an appropriate adjustment if needed after a Statement has been reviewed pursuant to this Section 1.5. 11-12-08.