Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Audit Adjustment. Unit costs are not subject to change as the result of an audit. Direct costs are subject to change as the result of an audit. Basis of Payment Payment may be made at the time of completion for one or more units of production. Pro rata payments may not be made based on the percentage of work on a unit of production that has been completed.
Audit Adjustment. Lump sums are not subject to change as the result of an audit. Basis of Payment Payment may be made at the time of completion for one or more interim or final deliverables. Pro rata payments may be made based on the percentage of work on a deliverable that has been completed.
Audit Adjustment. Specified rates are not subject to change as the result of an audit. Direct costs are subject to change as the result of an audit. Basis of Payment Payment may be made at the time of completion for one or more interim or final deliverables or on a periodic basis that is clearly identified. Pro rata payments may not otherwise be made.
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an underpayment of Management Fees, Owner shall promptly pay to Manager the amount of such underpayment, and if such audit discloses an overpayment of management fees, the next payment due by Owner hereunder shall be reduced by the amount of such overpayment. If such audit discloses an overpayment of Management Fees for any fiscal year, Manager shall bear the cost of such audit.
Audit Adjustment. Any payment made under the Subcontract will be subject to retroactive reduction for amounts included therein which are found by DOEE, on the basis of any audit of VEIC or Subcontractor by an agency of the United States or the District, not to constitute an allowable charge or cost hereunder.
Audit Adjustment. Any payment made under the Contract shall be subject to retroactive reduction for amounts included therein which are found on the basis of any audit of VEIC or the Contractor by an agency of the United States not to constitute an allowable charge or cost hereunder.
Audit Adjustment. Any payment made hereunder shall be subject to retroactive reduction for amounts included therein which are found by NYSERDA on the basis of any audit of the Owner by an agency of the United States, State of New York or NYSERDA not to constitute an allowable charge or cost hereunder.
Audit Adjustment. If as a result of any audit adjustment for any Pre-Closing Period, Purchaser or any of the Electrical Companies realize a Tax Benefit (other than interest and penalties thereon) for any period ending on or after the Closing Date to which they would not otherwise have been entitled, and such audit adjustment relates solely to a temporary difference within the meaning of Financial Accounting Standard Board Statement 109, Purchaser shall pay ITTI the amount of such Tax Benefit; provided, however, that (i) ITTI shall give Purchaser written notice of any such audit adjustment within 60 days after the date the adjustment is made; (ii) Purchaser shall pay ITTI the amount of the Tax Benefit within five business days after the date Purchaser or the Electrical Companies realizes such Tax Benefit; and (iii) ITTI shall indemnify and hold harmless Purchaser and the Electrical Companies from and against all Taxes attributable to a future reduction in such Tax Benefit. 129 122
Audit Adjustment. If any audit of the records, books or accounts relating to the Project discloses an overpayment or underpayment of the Management Fee or any other fee payable to Manager pursuant to this Agreement, the Owner or the Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment by more than five percent (5%) of the correct Management Fee or any other fee payable to Manager pursuant to this Agreement for any fiscal year, the Manager shall bear the cost of such audit.
