Audit Limitations. Any audit performed under this Article shall be subject to the provisions set forth in this Section 12.06. (1) Any NAIC Auditor that is a Cognizant Competitor shall be subject to Cognizant’s prior approval (provided, however, that Deloitte Touche Tohmatsu Limited, Ernst & Young, KPMG and PricewaterhouseCoopers, and any successors-in-interest, shall be deemed to not be a competitor of Cognizant for the purposes of this MSA). (2) All NAIC Auditors shall comply with Cognizant Group’s reasonable security policies while present at a Cognizant facility. (3) No audit shall be performed at a Service Location during a local holiday applicable to such Service Location. (4) The NAIC Auditors shall not materially interfere with the Service Delivery Organization’s performance of the Services. (5) NAIC Group’s cost and expense of performing such audit and the cost and expense of any copies of Cognizant Group’s books and records requested by NAIC Group and provided by Cognizant Group in connection with such audit shall, in each case, be borne by NAIC Group unless otherwise set forth in this Agreement.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement (ING U.S., Inc.)