Right to Audit Books and Records. Lender may require that any or all of the statements, schedules and reports of Borrower or the Mortgaged Property be audited, at Borrower’s expense, by independent certified public accountants acceptable to Lender; provided that such requirement shall be limited to not more than once per Borrower’s fiscal year so long as no Event of Default has occurred (or any event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default has occurred and is continuing). If Borrower fails, in a timely manner, to provide any such required audited materials, Lender shall have the right, at Borrower’s expense, to have such materials audited by independent certified public accountants selected by Lender. All related costs and expenses of Lender shall become immediately due and payable within ten (10) Business Days after demand therefor.
Right to Audit Books and Records. The Commission shall have the right, on reasonable written notice to the Operator, not more than once a year, at its sole expense, during the normal business hours, during the term of this Agreement and for a period of TWO (2) YEARS following termination of this Agreement, to have access to and inspect the books and records of the Operator to audit any amounts invoiced by the Operator to the Commission under this Agreement. If, as a result of such audit, monies are found to be owing by one party to the other party, the party owing such amounts shall promptly pay such amounts to other party.
Right to Audit Books and Records. CITY shall have the right to audit the books and records of the OWNER used in generating the reports listed in Article VI(A) above. CITY shall notify the OWNER in advance in writing of their intent to audit in order to allow the OWNER, as applicable, adequate time to make such books and records available (in no event shall the OWNER, as applicable, have less than five (5) business in order to make such books and records available).
Right to Audit Books and Records. In the event (i) Borrower fails to provide in a timely manner the statements, schedules and reports required by Section 8.02 and, thereafter, fails to provide such statements, schedules and reports within ten (10) days after receipt from Lender of written notice of its intent to cause an audit to be made of Borrower's books and records in order to obtain such statements, schedules and reports or (ii) statements, schedules and reports submitted to Lender by Borrower are not full, complete and accurate in all material respects as determined by Lender, Lender may require that any or all of the statements, schedules and reports of Borrower or the Mortgaged Property be audited, at Borrower's expense, by independent certified public accountants acceptable to Lender; provided that such requirement shall be limited to not more than once per Borrower's fiscal year so long as no Event of Default has occurred (or any event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default has occurred and is continuing). If Borrower fails, in a timely manner, to provide any such required audited materials, Lender shall have the right, at Borrower's expense, to have such materials audited by independent certified public accountants selected by Lender. All related costs and expenses of Lender shall become immediately due and payable within ten (10) Business Days after demand therefor.
Right to Audit Books and Records. After giving Tenant at least ten (10) Days’ prior Notice, Landlord may conduct an audit of Tenant’s books and records related to this Lease or the Premises or both. Landlord may use its own staff to conduct the audit or may hire an independent certified public accountant. Tenant shall cooperate with Landlord’s audit and shall make its books and records readily available to Landlord and its auditors.
Right to Audit Books and Records. 34 (b) Credit Reports; Credit Score. 34
Right to Audit Books and Records. City shall have the right to audit the books and records related to the Facility Improvements. City shall notify the Company in advance in writing of their intent to audit in order to allow the Company adequate time to make such books and records available without disruption to the conduct of its ordinary business activities. Any audit conducted pursuant to this Agreement shall be undertaken during the Company’s normal working hours.
Right to Audit Books and Records. If Tenant disputes the amount of Expenses as set forth in the statement from Landlord and provided Tenant is not then in default under this Lease, Tenant shall have the right on written notice, given within thirty (30) days after the receipt of such statement from Landlord, to have the Landlord's books and records relating to Expenses audited by a qualified professional selected by Tenant or by Tenant itself. If after such audit Tenant still disputes the amount of Expenses, a certification as to the proper amount shall be made by Landlord's independent certified public accountant in consultation with Tenant's professional, which certification shall be final and conclusive. If such audit reveals that Expenses were overstated by five percent (5%) or more in the calendar year audited, Landlord shall reimburse Tenant for its reasonable costs in doing the audit, and Landlord shall within thirty (30) days after the certification pay to Tenant the amount of any overpayment which it had collected from Tenant. However, if such certification does not show that Landlord had made such an overpayment then Tenant shall pay both the costs of its professional as well as the reasonable charges of Landlord's independent certified public accountant engaged to determine the correct amount of Expenses. If the certification shows that Landlord has undercharged Tenant then Tenant shall within thirty (30) days pay to Landlord the amount of any undercharge. Books and records necessary to accomplish any audit permitted under this subparagraph shall be retained for twelve months after the end of each calendar year, and on receipt of notice of Tenant's dispute of the Expenses shall be made available to Tenant to conduct the audit, which may be either at the Property or the offices of Landlord's property manager. All information obtained through such audit shall be held in strict confidence by Tenant and its officers, agents and employees and as a condition to such audit, the Tenant's auditor shall execute a written agreement agreeing that all information obtained through such audit as well as any compromise, settlement, or adjustment reached as a result of such audit, shall be held in strict confidence and shall not be revealed in any manner to any person except upon the prior written consent of the Landlord, or if required pursuant to any litigation between Landlord and Tenant materially related to the facts disclosed by such audit, or if required by law.
Right to Audit Books and Records. Lender may require that Borrower’s or Guarantor’s books and records be audited, at Borrower’s expense, by an independent certified public accountant selected by Lender in order to produce or audit any statements, schedules and reports of Borrower, Guarantor or the Mortgaged Property required by Section 8.02, if:
Right to Audit Books and Records. Licensee shall, at its sole cost and expense, maintain complete and accurate books and records covering all transactions arising out of or relating to this Agreement. Licensor and its duly authorized representative(s) shall have the right, during normal business hours, during the Term as extended or renewed and for three (3) years thereafter, to examine and copy said books and records and all other documents and materials in the possession of and under the control of Licensee with respect to the subject matter and terms of this Agreement. The exercise by Licensor of any right to audit at any time or times or the acceptance by Licensor of any statement, or payment shall be without prejudice to any other of Licensor's rights or remedies and shall not bar Licensor from thereafter disputing the accuracy of any payment or statement and Licensee shall remain fully liable for any balance due under this Agreement.
