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
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Renewable Energy Power Purchase Agreement
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
Appears in 5 contracts
Samples: Power Purchase Agreement, Renewable Energy Power Purchase Agreement, Power Purchase Agreement
