COMPANY'S RIGHT TO AUDIT. We have the right at any time during business hours, and without advance notice to you, to inspect and audit, or cause to be inspected and audited, the business records, bookkeeping and accounting records, sales and income tax records and returns and other records of the Franchise, and the books and records of any corporation, limited liability company, or partnership that holds the Franchise. You agree to fully cooperate with our representatives and any independent accountants we may hire to conduct any inspection or audit. If the inspection or audit is necessary because of your failure to furnish any reports, supporting records, other information or financial statements as required by this Agreement, or to furnish such reports, records, information, or financial statements on a timely basis, or if an understatement of gross revenues for any period is determined by an audit or inspection to be greater than two percent (2%), then you agree to pay us all monies owed, plus interest of one and one-half percent (1.5%) per month, and reimburse us for the cost of such inspection or audit, including without limitation any attorneys’ fees and/or accountants’ fees we may incur, and the travel expenses, room and board, and applicable per diem charges for our employees or contractors. The above remedies are in addition to all our other remedies and rights under this Agreement or under applicable law.
COMPANY'S RIGHT TO AUDIT. Company shall have the right at any time during business hours, and without prior notice to Franchisee, to inspect and audit, or cause to be inspected and audited, the business records, bookkeeping and accounting records, sales and income tax records and returns which relate to the operation of the Franchise, and other records of the Residence licensed under this Agreement and the books and records of any corporation or partnership which holds the Franchise. Franchisee shall fully cooperate with representatives of Company and independent accountants hired by Company to conduct any such inspection or audit. In the event any such inspection or audit shall disclose an understatement of the Net Revenues of the Residence licensed under this Agreement, Franchisee shall pay to Company within three (3) days after receipt of the inspection or audit report, the Continuing Royalties and/or marketing contributions due on the amount of such understatement, plus interest, at the rate and on the terms provided in Sections 6.03 and 6.04, herein, from the date originally due until the date of payment. Further, in the event any inspection or audit is made necessary by the failure of Franchisee to furnish reports, supporting records or other information, as herein required, or to furnish any reports, records or information on a timely basis, or if an understatement of Net Revenues for the period of any audit, which shall not be less than four (4) weeks, is determined by any such audit or inspection to be greater than five percent (5%), Franchisee shall reimburse Company for the cost of such audit or inspection, including, without limitation, the charges of any independent accountants and the travel expenses, room and board and compensation of employees and/or agents of Company. The foregoing remedies shall be in addition to and not in lieu of all other remedies and rights of Company hereunder or under applicable law.
COMPANY'S RIGHT TO AUDIT. COMPANY shall have the right at any time during business hours, and without prior notice to FRANCHISEE, to inspect and audit, or cause to be inspected and audited, the business records, bookkeeping and accounting records, sales and income tax records and returns and other records of the STORE and the books and records of any corporation or partnership which holds the Franchise. FRANCHISEE shall fully cooperate with COMPANY's representatives and independent accountants hired by COMPANY to conduct any such inspection or audit. In the event any inspection or audit discloses an understatement of the STORE's Gross Sales, FRANCHISEE shall pay to COMPANY, within fifteen (15) days after receipt of the inspection or audit report, the royalty and service fees and Fund contributions due on the amount of such understatement, plus interest (at the rate and on the terms provided in Paragraph D of Section 11.) from the date originally due until the date of payment. Further, in the event such inspection or audit is made necessary by FRANCHISEE's failure to furnish reports, supporting records or other information as herein required, or to furnish such reports, records or information on a timely basis, or if an understatement of Gross Sales for the period of any audit is determined by any such audit or inspection to be greater than two percent (2%), FRANCHISEE shall reimburse COMPANY for the cost of such audit or inspection, including, without limitation, the charges of attorneys and any independent accountants and the travel expenses, room and board and compensation of COMPANY's employees. The foregoing remedies shall be in addition to COMPANY's other remedies and rights under this Agreement or applicable law.
COMPANY'S RIGHT TO AUDIT. We may at any time during business hours, upon forty-eight (48) hours' prior notice to you, inspect and audit, or cause to be inspected and audited, the business records, bookkeeping and accounting records, sales, use and other tax records and returns and other records of the Franchised Distributorship and any Operating Company. You agree to cooperate fully with our representatives and any independent accountants we hire to conduct any inspection or audit.
COMPANY'S RIGHT TO AUDIT. The Company at its own expense and through its independent accountants, shall have access at reasonable times upon reasonable notice, to inspect all records relating to the services performed hereunder and all fees, charges and expenses payable by the Company. Should there be found a variance of 5% or more from the Approved Budget, which variance shall have been reasonably conceded by Manager, then Manager shall pay the reasonable cost of such investigation.
COMPANY'S RIGHT TO AUDIT. We have the right at any time during business hours, and without advance notice to you, to inspect and audit, or cause to be inspected and audited, the business records, bookkeeping and accounting records, sales and income tax records and returns and other records of the Franchise, and the books and records of any corporation, limited liability company, or partnership that holds the Franchise. You agree to fully cooperate with our representatives and any independent accountants we may hire to conduct any inspection or audit. If the inspection or audit is necessary because of your failure to furnish any reports, supporting records, other information or financial statements as required by this Agreement, or to furnish such reports, records, information, or financial statements on a timely basis, then you agree to pay us all monies owed, plus interest, and reimburse us for the cost of such inspection or audit, including without limitation any attorneys’ fees and/or accountants’ fees we may incur, and the travel expenses, room and board, and applicable per diem charges for our employees. The above remedies are in addition to all our other remedies and rights under this Agreement or under applicable law.
COMPANY'S RIGHT TO AUDIT. We have the right at any time during the business hours, and without prior notice to you, to inspect and audit, or cause to be inspected and audited, the business records of the Restaurant and the books and records and tax returns of any entity which holds the Franchise granted under this Agreement. You must fully cooperate with our representatives and any independent accountants that we hire to conduct any such inspection or audit. If any such inspection or audit discloses an understatement of the Gross Sales of the Restaurant, you agree to pay to us, within fifteen (15) days after receipt of the inspection or audit report, the royalty fees and Marketing Fund contributions due on the amount of such understatement, plus interest (at the rate and on the terms provided in Section 7D of this Agreement) from the date originally due until the date of payment. Further, in the event such inspection or audit is made necessary due to your failure to furnish us with reports, supporting records, other information or financial statements, as required by this Agreement, or to furnish such reports, records, information or financial statements on a timely basis, or if an understatement of Gross Sales for the period of any audit is determined by any such audit or inspection to be greater that two percent (2%), you agree to reimburse us promptly upon notice for the cost of the inspection or audit, including, without limitation, the charges of attorneys and independent accountants, and the reasonable travel, lodging and meal expenses and applicable per diem charges for our employees. The forgoing rights will be in addition to all other remedies and rights that we may have under this Agreement or under applicable law.
COMPANY'S RIGHT TO AUDIT. We have the right at any time during the business hours, and without prior notice to you, to inspect and audit, or cause to be inspected and audited, the business records of the Franchise and the books and records and tax returns of any entity which holds the Franchise granted under this Agreement. You must fully cooperate with our representatives and any independent accountants that we hire to conduct any such inspection or audit. If any such inspection or audit discloses an understatement of the Delivery Fees and Net Sales of the Franchise, you agree to pay to us, within fifteen (15) days after receipt of the inspection or audit report, the royalty fees and Marketing Fund contributions due on the amount of such understatement, plus interest (at the rate and on the terms provided in Section 7D of this Agreement) from the date originally due until the date of payment. Further, in the event such inspection or audit is made necessary due to your failure to furnish us with reports, supporting records, other information or financial statements, as required by this Agreement, or to furnish such reports, records, information or financial statements on a timely basis, or if an understatement of Delivery Fees and Net Sales for the period of any audit is determined by any such audit or inspection to be greater that two percent (2%), you agree to reimburse us promptly upon notice for the cost of the inspection or audit, including, without limitation, the charges of attorneys and independent accountants, and the reasonable travel, lodging and meal expenses and applicable per diem charges for our employees. The forgoing rights will be in addition to all other remedies and rights that we may have under this Agreement or under applicable law.
COMPANY'S RIGHT TO AUDIT. COMPANY shall have the right at any time during business hours, and with reasonable notice to LICENSE OWNER, to inspect and audit, or cause to be inspected and audited, the business records, bookkeeping and accounting records, computer data bases, value added, sales, use, service, payroll, employee withholding, worker's compensation, and income tax records and returns, and other records of the Store and LICENSE OWNER and the books and records of LICENSE OWNER if a corporation or partnership. LICENSE OWNER shall fully cooperate with representatives of COMPANY and independent accountants hired by COMPANY to conduct any such inspection or audit. COMPANY's right to audit shall also include COMPANY's right to access the Computer System by telephone as provided in this Agreement. In the event any such inspection or audit shall disclose an understatement of the Store's Royalty Base Revenue or an underpayment of any fees due under this Agreement, COMPANY shall be authorized to initiate immediately a debit to LICENSE OWNER's account for in the amount due plus interest via electronic funds transfer, as described in Section 11.F. Alternatively, at COMPANY's option, LICENSE OWNER shall pay to COMPANY, within fifteen (15) days after receipt of the inspection or audit report, the fees due on the amount of such understatement, plus interest (at the rate and on the terms provided for herein) from the date originally due until the date of payment. Further, in the event such inspection or audit is made necessary by the failure of LICENSE OWNER to furnish reports, supporting records, other information or financial statements, as herein required, or to furnish such reports, records, information or financial statements on a timely basis, or if an understatement of Royalty Base Revenue for the period of any audit is determined by any such audit or inspection to be greater than two percent (2%), LICENSE OWNER shall reimburse COMPANY for the cost of such inspection or audit, including, without limitation, legal fees and accountants' fees, and the travel expenses, room and board and applicable per diem charges for employees of COMPANY. The foregoing remedies shall be in addition to all other remedies and rights of COMPANY hereunder or under applicable law.
COMPANY'S RIGHT TO AUDIT. (a) The Company may audit the Contractor's records to determine if the Charges paid by the Company for the Services have been correctly calculated.
