Common use of AUDITS AND ENFORCEMENT Clause in Contracts

AUDITS AND ENFORCEMENT. 8.4.1. 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 the calculation of the applicable portion of the Minimum Guarantee Fee 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.

Appears in 2 contracts

Samples: Food and Beverage Concession Agreement, Food and Beverage Concession Agreement

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AUDITS AND ENFORCEMENT. 8.4.1. Throughout the Term of this Agreement and within six five 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 the calculation of the applicable portion of the Minimum Guarantee Fee 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 establishes 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.

Appears in 1 contract

Samples: Amenities Concession Agreement

AUDITS AND ENFORCEMENT. 8.4.1. 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. 7.6.7.5 and the certified statements and summaries described in Section 7.5. 7.5.7.4 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 the calculation of the applicable portion of the Minimum Guarantee Fee 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.

Appears in 1 contract

Samples: Food and Beverage Concession Agreement

AUDITS AND ENFORCEMENT. 8.4.1. 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 the calculation of the applicable portion of the Minimum Guarantee Fee 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 establishes 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.

Appears in 1 contract

Samples: Retail Concession Agreement

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AUDITS AND ENFORCEMENT. 8.4.1. 7.4.1 Throughout the Term of this Agreement and within six three (3) years after the end of any year of the Term of this Agreement, the Director or the City Controller may upon 14 fourteen (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. 6.5 and the certified statements and summaries described in Section 7.5. 6.4 of Concessionaire, its joint venture partners and Subcontractors 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 the calculation of the applicable portion of the Minimum Guarantee Fee 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 fifteen (15) days of receipt of written notice from the Director. If the inspection and audit establish establishes 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.

Appears in 1 contract

Samples: Passenger Services Concession Agreement

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