Common use of Audit and verification Clause in Contracts

Audit and verification. 7.1 The Independent Administrator will randomly select one model from each Commercial Signatory’s annual report that meets the energy efficiency levels of the applicable Tier for verification testing. The Independent Administrator may in its discretion exclude from selection any model that was successfully tested pursuant to this section in the prior year. Verification testing shall be conducted using the Test Method in third party labs approved by the Steering Committee or under a supervised Vendor or Service Provider testing program with an accredited observer approved by the Steering Committee. Cable Television Laboratories, Inc. (CableLabs) and the Cable Operators’ test facilities operating under CableLabs’ guidance are specifically approved as test facilities for these purposes. The cost of verification testing shall be borne by the Commercial Signatory. 7.2 Either the Independent Administrator or an independent auditor approved by the Steering Committee will conduct an audit of procurement or sale figures reported by one Commercial Signatory selected at random each year. The same Signatory shall not be randomly selected two years in a row. 7.3 In addition, on request of the Steering Committee, the Independent Administrator or independent auditor approved by the Steering Committee shall conduct an audit of the information and test results supplied by any Commercial Signatory’s annual report. 7.4 Commercially sensitive information with respect to an individual Signatory, as designated by that Signatory, shall remain confidential both during and after the audit. Signatories agree to provide reasonable assistance to the auditor. Upon request, the independent auditor must sign a confidentiality agreement in a form reasonably satisfactory to the Signatory. The Steering Committee shall bear the cost of such audit.

Audit and verification. 7.1 The Independent Administrator will randomly select one model from each Commercial Signatory’s annual report that meets the energy efficiency levels of the applicable Tier for verification testing. The Independent Administrator may in its discretion exclude from selection any model that was successfully tested pursuant to this section in the a prior year. Verification testing shall be conducted using the Test Method in third party labs approved by the Steering Committee or under a supervised Vendor or Service Provider testing program with an accredited observer approved by the Steering Committee. Cable Television Laboratories, Inc. (CableLabs) and the Cable Operators’ test facilities operating under CableLabs’ guidance are specifically approved as test facilities for these purposes. The cost of verification testing shall be borne by the Commercial Signatory. 7.2 . Either the Independent Administrator or an independent auditor approved by the Steering Committee will conduct an audit of procurement or sale figures reported by one Commercial Signatory selected at random each year. The same Signatory shall not be randomly selected two years in a row. 7.3 . In addition, on request of the Steering Committee, the Independent Administrator or independent auditor approved by the Steering Committee shall conduct an audit of the information and test results supplied by any Commercial Signatory’s annual report. 7.4 . Commercially sensitive information with respect to an individual Signatory, as designated by that Signatory, shall remain confidential both during and after the audit. Signatories agree to provide reasonable assistance to the auditor. Upon request, the independent auditor must sign a confidentiality agreement in a form reasonably satisfactory to the Signatory. The Steering Committee shall bear the cost of such audit.

Audit and verification. 7.1 The Independent Administrator will randomly select one model from each Commercial Signatory’s annual report that meets the energy efficiency levels of the applicable Tier for verification testing. The Independent Administrator may in its discretion exclude from selection any model that was successfully tested pursuant to this section in the prior year. Verification testing shall be conducted using the Test Method in third party labs approved by the Steering Committee or under a supervised Vendor or Service Provider testing program with an accredited observer approved by the Steering Committee. Cable Television Laboratories, Inc. (CableLabs) and the Cable Operators’ test facilities operating under CableLabs’ guidance are specifically approved as test facilities for these purposes. The cost of verification testing shall be borne by the Commercial Signatory. 7.2 . Either the Independent Administrator or an independent auditor approved by the Steering Committee will conduct an audit of procurement or sale figures reported by one Commercial Signatory selected at random each year. The same Signatory shall not be randomly selected two years in a row. 7.3 . In addition, on request of the Steering Committee, the Independent Administrator or independent auditor approved by the Steering Committee shall conduct an audit of the information and test results supplied by any Commercial Signatory’s annual report. 7.4 . Commercially sensitive information with respect to an individual Signatory, as designated by that Signatory, shall remain confidential both during and after the audit. Signatories agree to provide reasonable assistance to the auditor. Upon request, the independent auditor must sign a confidentiality agreement in a form reasonably satisfactory to the Signatory. The Steering Committee shall bear the cost of such audit.