Special Investigation. A. If, on conducting a Compliance Review and at FRWIB’s sole discretion, FRWIB determines that Subrecipient has not complied with this Agreement in any way, FRWIB, federal or state agencies, or the City or County of Fresno (collectively, the “Investigating Parties” or individually, an “Investigating Party”) may initiate further on- site evaluations of Subrecipient to further investigate Subrecipient’s compliance. Any Investigating Party may conduct these on-site evaluations as long as the Investigating Party considers necessary in its sole discretion. This further on-site evaluation is referred to as a “Special Investigation”.
B. An Investigating Party will conduct a Special Investigation in accordance with the WIOA, other applicable federal, state, or local rules and regulations, FRWIB Policies, Procedures, and Directives, and GAAP. During a Special Investigation, Subrecipient must:
(1) Provide any Investigating Party with access to information, files, books, documents, computer records, fiscal records, and all data concerning (i) the operation of any program subject to this Agreement, and (ii) any person or entity with which Subrecipient has subcontracted to provide a portion of the Services if those documents are directly pertinent to the program; and
(2) Provide any Investigating Party with timely and reasonable access to Subrecipient’s personnel, contractors, or subcontractors for the purpose of conducting interviews and discussions; and
(3) Fully cooperate with each Investigating Party regarding any investigation and monitoring activities that the Investigating Party considers necessary in its sole discretion.
C. During a Special Investigation, an Investigating Party:
(1) May make copies, excerpts, transcripts, and photocopies of any data it considers relevant in its sole discretion; and
(2) Will have unlimited rights to retain and use any data produced or delivered under this Agreement.
D. Subrecipient must reimburse each Investigating Party, as invoiced, for any costs incurred by the Investigating Party in conducting a Special Investigation under this Agreement.
Special Investigation. During the financial year, the Department commissioned a special investigation into the financial and operating activities of the Sheltered Employment Factories. I will report on progress in my next report.
Special Investigation. Customer may from time to time require the repair site to do additional testing to assist in determining field issues. Any data gathering or additional testing required will be quoted and paid separately from the standard repair process. Customer also sells refurbished equipment on selected Products. Flextronics will manage such requirements to refurbish equipment through the regular repair process.
Special Investigation. If the shareholders’ inspection rights as outlined above prove to be insufficient in the judgment of the shareholder, any shareholder may propose to the general meeting of shareholders that specific facts be examined by a special auditor in a special investigation. If the general meeting of shareholders approves the proposal, we or any shareholder may, within 30 calendar days after the general meeting of shareholders, request a court sitting at our registered office (currently in Geneva, Switzerland) to appoint a special auditor. If the general meeting of shareholders rejects the request, one or more shareholders representing at least 10% of the share capital or holders of shares in an aggregate par value of at least CHF 2,000,000 may request that the court appoint a special auditor. The court will issue such an order if the petitioners can demonstrate that the board of directors, any member of the board of directors or our executive management infringed the law or our articles of association and thereby caused damages to us or the shareholders. The costs of the investigation would generally be allocated to us and only in exceptional cases to the petitioners. Business combinations and other transactions that are governed by the Federal Act on Mergers, Demergers, Transformations and Asset Transfers of 2003, as amended, or the Swiss Merger Act, are binding on all shareholders. A statutory merger or demerger requires approval of two-thirds of the shares represented at a general meeting of shareholders and the absolute majority of the par value of the shares represented. If a transaction under the Swiss Merger Act receives all of the necessary consents, all shareholders are compelled to participate in such transaction. Swiss corporations may be acquired by an acquirer through the direct acquisition of shares. The Swiss Merger Act provides for the possibility of a so-called “cash-out” or “squeeze-out” merger if the acquirer controls 90% of the outstanding shares. In these limited circumstances, minority shareholders of the corporation being acquired may be compensated in a form other than through shares of the acquiring corporation (for instance, through cash or securities of a parent corporation of the acquiring corporation or of another corporation). For business combinations effected in the form of a statutory merger or demerger and subject to Swiss law, the Swiss Merger Act provides that if equity rights have not been adequately preserved or compensation pa...
Special Investigation. If the shareholders’ inspection rights as outlined above prove to be insufficient in the judgment of the shareholder, any shareholder may propose to the general meeting of shareholders that specific facts be examined by a special commissioner in a special investigation. If the general meeting of shareholders approves the proposal, we or any shareholder may, within 30 calendar days after the general meeting of shareholders, request the competent court sitting in Lausanne, Switzerland, our registered office, to appoint a special commissioner. If the general meeting of shareholders rejects the request, one or more shareholders representing at least 10 percent of the share capital or holders of shares in an aggregate nominal value of at least CHF 2,000,000 may request that the court appoint a special commissioner. The court will issue such an order if the petitioners can demonstrate that the board of directors, any member of the board of directors or our executive management infringed the law or our articles of association and thereby caused damages to the Company or the shareholders. The costs of the investigation would generally be allocated to us and only in exceptional cases to the petitioners.
Special Investigation. If the shareholders’ inspection rights as outlined above prove to be insufficient in the judgment of the shareholder, any shareholder may propose to the general meeting of shareholders that specific facts be examined by a special commissioner in a special investigation. If the general meeting of shareholders approves the proposal, we or any shareholder may, within 30 calendar days after the general meeting of shareholders, request the competent court sitting in Lausanne, Switzerland, our registered office, to appoint a special commissioner. If the general meeting of shareholders rejects the request, one or more shareholders representing at least 5 percent of the share capital may request that the court appoint a special commissioner. The court will issue such an order if the petitioners can demonstrate that the board of directors, any member of the board of directors or our executive management infringed the law or our articles of association and thereby caused damages to the Company or the shareholders. The costs of the investigation would generally be allocated to us and only in exceptional cases to the petitioners.
