AUDITS AND ENFORCEMENT Clause Samples
The "Audits and Enforcement" clause grants a party the right to review and verify the other party's compliance with the terms of the agreement. This typically involves allowing access to relevant records, documents, or operations for inspection, and may specify procedures for conducting audits, such as advance notice or frequency limits. The clause ensures that contractual obligations are being met and provides a mechanism to address non-compliance, thereby promoting accountability and reducing the risk of breaches.
AUDITS AND ENFORCEMENT. Throughout the Term of this Agreement and within six years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 days' written notice, without cost to Concessionaire, cause an inspection and audit to be made of the books and records described in Section 7.6. and the certified statements and summaries described in Section 7.5. of Concessionaire, and Subcontractors relating to all operations conducted pursuant to this Agreement. Such audits shall be made to determine the correctness of the computation of Gross Sales or Percentage Fee. If, as a result of such inspection and audit, it is established that additional compensation is due the City, Concessionaire shall pay such additional compensation to the City within 15 days of receipt of written notice from the Director. If the inspection and audit establish that Concessionaire has overpaid the City, then such overpayment shall be credited to Concessionaire; however, in no event shall the City be liable for interest if there has been an overpayment by Concessionaire. The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this Agreement without further authorization. Concessionaire covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Concessionaire's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.
AUDITS AND ENFORCEMENT. 10.2.1 Upon not less than 15 days’ prior written notice, the City’s auditors or other authorized representatives shall, at any time or times during the Term of this Agreement and within four years after expiration or earlier termination of the Agreement, have access to, and the right to audit, examine or reproduce, any and all books and records of the Developer and Third-Party Operators related to performance under this agreement, including, without limitation, those pertaining to the calculation and payment of all Course revenue distribution, Gross Collected Revenue and any other fees and amounts payable to the City or related to the performance under this agreement. Developer and Third-Party Operators shall retain such books and records for the longer of four years after the expiration or termination of this agreement or until completion of all pending audits or litigation between the parties. Developer shall either keep and maintain all such records at a mutually acceptable location in Austin, Texas, or make such books and records available to the City of Austin within 15 days of receipt of written demand. If a City audit reveals a discrepancy of more than three percent between the amount of Gross Collected Revenue distribution, Developer shall reimburse City for the cost of such audit. If as a result of such inspection and audit it is established that Developer has overpaid fees due to City, such overpayment shall be refunded to Developer. Except at the end of the Term, such refund shall be in the form of a credit against future Gross Collected Revenue distribution payments.
10.2.2 The City’s right to audit shall include the right to inspect all books and records and account system reports of all subcontractors pertaining to the Premises entered into by Developer. The City Attorney or his or her designee shall have the right, after consultation with the Director, to enforce all legal rights and obligations under this agreement without further authorization. Developer covenants to provide the City Attorney all documents and records that the City Attorney deems necessary to assist in determining Developer‘s compliance with this agreement, with the exception of those documents made confidential by federal or State law or regulation.
10.2.3 Developer shall, on an annual basis, engage a Certified Public Accounting firm to perform an annual, independent, certified financial audit; and agreed-upon procedures related to the revenue collection process. Develope...
AUDITS AND ENFORCEMENT. 9.4.1 Throughout the Term of this Agreement and within six (6) years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon fourteen
AUDITS AND ENFORCEMENT. 8.3.1 Throughout the Term and within seven years after the end of any year of the Term, the Director or the City Controller may upon 14 days’ written notice cause an inspection and audit to be made of the reports described in Sections 7.2 and accounting books and records in Section 7.3. If, as a result of such inspection and audit, it is established that additional monies are due the City, Parking Operator shall pay such additional monies to the City within 15 days of receipt of written notice from the Director. If an inspection and audit establishes that Parking Operator has overpaid the City, then such overpayment shall be credited to Parking Operator through its Management Fee; however, in no event shall the City be liable for interest if there has been an overpayment by Parking Operator.
8.3.2 Notwithstanding the foregoing, City shall have the right, without notice to Parking Operator, to conduct on-going review (on line/site) or spot audits (financial and/or operational) of Parking Operator's performance under this Agreement at any time as necessary to ensure compliance with the requirements of this Agreement. Parking Operator shall cooperate with the Director and provide information and records (including accounting books and records) requested by the Director in the conduct of such spot audits and reviews.
8.3.3 The City Attorney shall have the right to enforce all legal rights and obligations under this Agreement without further authorization. Parking Operator covenants to provide the City Attorney all documents and records (including accounting books and records) that the City Attorney deems necessary to assist in determining Parking Operator's compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.
8.3.4 Parking Operator agrees that all accounting books and records and any related Documents required by the Director shall be made available to the Director and City Controller at the Parking Operator’s Airport office or HAS Administration Building, or when such books and records and related documents are not maintained at the Airport office, at such other location that is reasonably acceptable to the Director. If for any reason, on the first working day after the 14 days’ notice period expires, accounting books and records and related documents required for audit or inspection are not made available at the Parking Operator’s Airport office or HAS Administration Building, Parking ...
AUDITS AND ENFORCEMENT. To the extent GCHP determines that an examination of Business Associate’s security practices is necessary to comply with GCHP’s legal obligations regarding PHI or PI, GCHP or its authorized agents or contractors may inspect the facilities, systems, books and records of Business Associate to monitor compliance with this BAA. Upon request of GCHP, Business Associate agrees to certify its compliance with the HIPAA Security Rule. Provide a copy of a third party audit of Business Associate’s HIPAA security compliance and assessment of risks, complete a GCHP security questionnaire, or provide other information that would assist GCHP in assessing Business Associate’s compliance with the HIPAA Rules. GCHP’s failure to inspect or request information does not relieve Business Associate of its responsibility to comply with this BAA, nor does GCHP’s failure to detect non-compliance waive GCHP’s rights under this BAA.
AUDITS AND ENFORCEMENT. Each Party shall maintain accurate books and records regarding the business conducted pursuant to this Agreement. Upon the reasonable request of a Party the other Party shall provide the other with statements detailing an accounting of the expenses, revenues and other items incurred under this Agreement. Each Party shall have the right at reasonable intervals and during normal business hours to examine the books, records and personnel of the other Party to confirm a proper accounting.
AUDITS AND ENFORCEMENT. To the extent Health Plan determines that an examination of Business Associate’s security practices is necessary to comply with Health Plan’s legal obligations regarding PHI or PI, Health Plan or its authorized agents or contractors may inspect the facilities, systems, books and records of Business Associate to monitor compliance with this BAA. Upon request of Health Plan, Business Associate agrees to certify its compliance with the HIPAA Security Rule. Provide a copy of a third party audit of Business Associate’s HIPAA security compliance and assessment of risks, complete a Health Plan security questionnaire, or provide other information that would assist Health Plan in assessing Business Associate’s compliance with the HIPAA Rules. Health Plan’s failure to inspect or request information does not relieve Business Associate of its responsibility to comply with this BAA, nor does Health Plan’s failure to detect non-compliance waive Health Plan’s rights under this BAA.