Common use of Fee Audit Clause in Contracts

Fee Audit. Vivint agrees that Vivint Solar’s access rights in subsection (b) above will permit Vivint Solar to verify that the Fees charged by Vivint in Section 3(a) hereunder represent Vivint’s good faith estimate of Vivint’s full cost of providing the Services to Vivint Solar, without markup or surcharge. In the event that an inspection of such costs by Vivint Solar reveals that the Fees charged by Vivint exceed such good faith estimate: (a) Vivint shall refund to Vivint Solar any Fees for Services paid in excess of such good faith estimate; and (b) Vivint Solar will have the right to set off any prior excess payment of Fees from future payment of Fees where no refund has been provided.

Fee Audit. Vivint agrees that Vivint Solar’s access rights in subsection (b) above will permit Vivint Solar to verify that the Fees charged by Vivint in Section 3(a) hereunder represent Vivint’s good faith estimate of Vivint’s full cost of providing the Services to Vivint Solar, without markup or surcharge. In the event that an inspection of such costs by Vivint Solar reveals that the Fees charged by Vivint exceed such good faith estimate: (a) Vivint shall refund to Vivint Solar any Fees for Services paid in excess of such good faith estimate; and (b) 4 transition services Agreement Vivint Solar will have the right to set off any prior excess payment of Fees from future payment of Fees where no refund has been provided.