The Auditor. (a) The Auditor shall be appointed by agreement between the Parties or failing agreement by the President for the time being of the Malaysian Institute of Accountants upon an application made by any Party. The Auditor’s cost and expenses shall be borne as to 50% by the Feed-in Approval Holder and 50% by the Distribution Licensee.
(b) the Feed-in Approval Holder shall procure that the Auditor has access to all the books and records of the Feed-in Approval Holder for the purposed of enabling the Auditor to make the relevant certifications and decisions.
(c) The Parties shall use their respective best endeavours to ensure that the Auditor certifies the amount of the Outstanding Indebtedness, the “B” Purchase Price, the Sponsors Gross Equity Contribution, the Interest on Sponsors Gross Equity Contribution, the Retained Sum or the Transfer Costs as required for the purposes of D2. The Auditor shall act as an expert and not as an arbitrator to the intent that the Auditor’s certification or decision in the absence of manifest error shall be final and binding upon the Parties. Attachment A to Appendix D Determination of Purchase Prices
DA.1 Purchase according to Section D.2.1
The Auditor. (a) The Auditor shall be appointed by agreement between the Parties or failing agreement by the President for the time being of the Malaysian Institute of Accountants upon an application made by any Party. The Auditor’s cost and expenses shall be borne as to 50% by the Feed-in Approval Holder and 50% by the Distribution Licensee.
(b) the Feed-in Approval Holder shall procure that the Auditor has access to all the books and records of the Feed-in Approval Holder for the purposed of enabling the Auditor to make the relevant certifications and decisions.
(c) The Parties shall use their respective best endeavours to ensure that the Auditor certifies the amount of the Outstanding Indebtedness, the “B” Purchase Price, the Sponsors Gross Equity Contribution, the Interest on Sponsors Gross Equity Contribution, the Retained Sum or the Transfer Costs as required for the purposes of D2. The Auditor shall act as an expert and not as an arbitrator to the intent that the Auditor’s certification or decision in the absence of manifest error shall be final and binding upon the Parties. Attachment A to Appendix D Determination of Purchase Prices
DA.1 Purchase according to Section D.2.1 The “A” Purchase Price shall be equal to ten Ringgit (RM10).
DA.2 Purchase according to Sections D2.2 and D.2.3 To determine the “B” Purchase Price, the following equation shall be used: “B” Purchase Price = QR + SEC - SER - RS, provided that if it results in a negative number, the “B” Purchase Price shall be zero.
The Auditor a company having a respective license as well as other permissive documents provided for by the laws of the Republic of Kazakhstan to perform auditing activities and conducting the latter within the Republic of Kazakhstan within at least 5 (five) years meeting the advanced Kazakhstani and international accounting and audit practice and approved by the Parties.
The Auditor. 6.13 The Court will appoint the Auditor with such powers and rights as are reasonably required to discharge the duties and responsibilities set out in the Agreement. The duties and responsibilities of the Auditor include auditing the Settlement administration and the various databases and funds. The Auditor will deliver a copy of its report to the Court, to Money Mart and to Class Counsel at the following times and on the following topics:
(a) within 45 days after the end of the Entitlement Appeal Period a report on the steps Money Mart has taken to comply with its obligations with respect to the allocation and distribution of Cash Credits, Transaction Credits and Debt Release; and
(b) within 45 days of the end of the Redemption Period a report on the number of Transaction Credits that were redeemed.
6.14 Money Mart will cooperate with the Auditor and provide the Auditor with access to all records necessary for the Auditor to prepare the reports and to discharge its responsibilities pursuant to the Agreement.
6.15 The Auditor’s appointment expires 45 days after the end of the Redemption Period.
6.16 Money Mart will pay the reasonable fees, disbursements and taxes of the Auditor.
The Auditor. 76.1. The Shareholders at the Annual Meeting shall appoint an Auditor for a period until the completion of the performance of one audit, or for a longer period not to extend beyond the completion of the performance of three audits. Where the Auditor is appointed for such a period, the Annual Meeting shall not discuss the appointment of an Auditor during the said period, unless a resolution is passed to terminate his office. The General Meeting is entitled at any time to terminate the service of the Auditor.
76.2. The Board shall fix the compensation of the Auditor of the Company for his auditing activities, and shall also fix the compensation of the Auditor for additional services, if any, which are not auditing activities, and, in each case, shall report thereon to the Annual Meeting.
The Auditor. An Extraordinary General Meeting shall be held when deemed appropriate by the Board of Directors or when such a meeting shall be convened by law.
The Auditor. General and employee to agree work patterns – the pattern by which employees will perform the hours of work specified in clause 13 is a matter for agreement between the Auditor-General and the employee, taking into account operational requirements of the ANAO. However, an employee will not be required to work more than:
(i) ten hours ordinary time on any one day; or
(ii) more than five consecutive hours without a meal break of at least 30 minutes.
The Auditor. General or a person authorized by the Auditor- General may make copies of, or take extracts from, any such accounts, records, documents or papers.
The Auditor. The Auditor shall be responsible to the Chairman of the Board, the President and, through the directors' Examining Committee, to the Board of Directors for the safety of all operations and for the systems of internal audits and protective controls; he shall perform such other duties as the Chairman of the Board or the President may prescribe and shall make such examinations and reports as may be required by the directors' Examining Committee. He shall have the duty to report to the Chairman of the Board and the President on all matters concerning the safety of the operations of the Corporation which he deems advisable or which the Chairman of the Board or the President may request. In addition, the Auditor shall have the duty of reporting independently of all officers of the Corporation to the directors' Examining Committee whenever he deems it necessary or desirable to do so, but in any event not less often than annually on all matters concerning the safety of the operations of the Corporation. The Assistant Auditors may, in the absence or disability of the Auditor, or at his request, perform the duties and exercise the powers of the Auditor, and shall perform such other duties as the Board of Directors, the Chairman of the Board or the President shall prescribe.
The Auditor. The Court will appoint the Auditor with such powers and rights as are reasonably required to discharge the duties and responsibilities set out in the Agreement. The duties and responsibilities of the Auditor include auditing on an annual basis the Settlement administration and the various databases and funds. The Auditor will deliver a copy of its report to the Court, to Money Mart and to Class Counsel Representative at the following times and on the following topics:
