Common use of Texas State Auditor’s Office Clause in Contracts

Texas State Auditor’s Office. Landlord acknowledges and stipulates that, notwithstanding anything to the contrary set forth in this Lease, the Texas State Auditor’s Office (collectively, with any successor agency thereto, the “State Auditor”) is authorized under applicable Texas law (including, without limitation, Texas Education Code Sections 51.9335(c), 73.115(c), and 74.008(c)), in each case, as may be amended from time to time, to conduct an audit or investigation in connection with any of the funds or payments received and accepted by Landlord from UT System pursuant to this Lease. Xxxxxxxx agrees to cooperate with the State Auditor in the conduct of any such audit or investigation, including, without limitation, providing the State Auditor with all records requested as may be required under applicable Texas law. All costs and expenses of any such audit or investigation by the State Auditor shall be UT System’s sole responsibility, except and unless such audit and investigation determines that the amounts paid by UT System for the applicable period which are the subject of such audit or investigation were in excess of the amounts properly payable under this Lease, in which event Landlord will pay to UT System the amount determined to be in excess of the correct amount. In addition, if the excess amounts are greater than five percent (5.0%) than the amounts properly payable under this Lease, Landlord shall reimburse UT System for the actual and reasonable cost of such audit by the State Auditor.

Texas State Auditor’s Office. Landlord acknowledges and stipulates that, notwithstanding anything to the contrary set forth in this Lease, the Texas State Auditor’s Office (collectively, with any successor agency thereto, the “State Auditor”) is authorized under applicable Texas law (including, without limitation, Texas Education Code Sections 51.9335(c), 73.115(c), and 74.008(c)), in each case, as may be amended from time to time, to conduct an audit or investigation in connection with any of the funds or payments received and accepted by Landlord from UT System pursuant to this Lease. Xxxxxxxx Landlord agrees to cooperate with the State Auditor in the conduct of any such audit or investigation, including, without limitation, providing the State Auditor with all records requested as may be required under applicable Texas law. All costs and expenses of any such audit or investigation by the State Auditor shall be UT System’s sole responsibility, except and unless such audit and investigation determines that the amounts paid by UT System for the applicable period which are the subject of such audit or investigation were in excess of the amounts properly payable under this Lease, in which event Landlord will pay to UT System the amount determined to be in excess of the correct amount. In addition, if the excess amounts are greater than five percent (5.0%) than the amounts properly payable under this Lease, Landlord shall reimburse UT System for the actual and reasonable cost of such audit by the State Auditor.

Texas State Auditor’s Office. Landlord acknowledges and stipulates agrees that, notwithstanding anything to the contrary set forth in this Lease, the Texas State Auditor’s 's Office (collectively, with any successor agency thereto, the “"State Auditor”") is authorized under applicable Texas law (including, without limitation, Texas Education Code Sections 51.9335(c), 73.115(c), ) and 74.008(c)), in each case, as may be amended from time to time, to conduct an audit or investigation in connection with any of the funds or payments received and accepted by Landlord from UT System Tenant pursuant to this Lease. Xxxxxxxx Landlord agrees to cooperate with the State Auditor in the conduct of any such audit or investigation, including, without limitation, providing the State Auditor with all records requested as may be required under applicable Texas law. All costs and expenses of any such audit or investigation by the State Auditor shall be UT System’s Tenant's sole responsibility, except and unless such audit and investigation determines that the amounts paid by UT System Tenant for the applicable period which are the subject of such audit or investigation were in excess of the amounts properly payable under this Lease, in which event Landlord will pay to UT System Tenant the amount determined to be in excess of the correct amount. In addition, if the excess amounts are greater than five percent (5.0%) than the amounts properly payable under this Lease, Landlord shall reimburse UT System Tenant for the actual and reasonable cost of such audit by the State Auditor.