Common use of Financial Compliance Clause in Contracts

Financial Compliance. Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance Information"), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (i) the accounting principles of Financial Accounting Standards Board ("FASB") Accounting Standards Codification 810, Consolidation ("FASB ASC 810"), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("SOX 404"), and (iii) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and SOX 404, issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor to audit, to the extent reasonably required, Seller's financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance by Seller).

Financial Compliance. Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance Information"), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (i) the accounting principles of Financial Accounting Standards Board ("FASB") Accounting Standards Codification 810, Consolidation ("FASB ASC 810"), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("SOX 404"), (iii) FASB ASC 840 Leases ("FASB ASC 840"), and (iiiiv) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 810, SOX 404 and SOX 404FASB ASC 840, issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor to audit, to the extent reasonably required, Seller's financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance by Seller).

Financial Compliance. (a) Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance “Information"”), reasonably requested by Company for purposes of permitting Company and its parent companyHawaiian Electric Industries, Inc. (“HEI, ”) to comply with the requirements (initial and on-going) of (i) identifying variable interest entities and determining primary beneficiaries under the accounting principles of Financial Accounting Standards Board ("“FASB"”) Accounting Standards Codification 810, Consolidation ("“FASB ASC 810"”), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("“SOX 404"), ”) and (iii) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and SOX 404, 404 issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authoritiesgoverning agencies. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor auditor, to audit, to the extent reasonably required, Seller's ’s financial records, including its system of internal controls over financial reporting; provided, however, provided that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's ’s reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's ’s monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this the Agreement, from having access to such Financial Compliance Information (unless Information(unless approved in writing in advance advance, by Seller).. SHEET NO. 86L Effective October 22, 2010 SCHEDULE FIT TIER 1 AND TIER 2 AGREEMENT (Continued)

Financial Compliance. Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "“Financial Compliance Information"”), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (i) the accounting principles of Financial Accounting Standards Board ("“FASB"”) Accounting Standards Codification 810, Consolidation ("“FASB ASC 810"”), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("“SOX 404"”), (iii) FASB ASC 840 Leases (“FASB ASC 840”), and (iiiiv) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and 810, SOX 404, and FASB ASC 840 issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor to audit, to the extent reasonably required, Seller's ’s financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's ’s reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's monitoring, dispatch or scheduling of Seller and/or the Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance advance, by Seller).

Financial Compliance. (a) Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance “Information"”), reasonably requested by Company for purposes of permitting Company and its parent companyHawaiian Electric Industries, Inc. (“HEI, ”) to comply with the requirements (initial and on-going) of (i) identifying variable interest entities and determining primary beneficiaries under the accounting principles of Financial Accounting Standards Board ("“FASB"”) Accounting Standards Codification 810, Consolidation ("“FASB ASC 810"”), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("“SOX 404"), ”) and (iii) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and SOX 404, 404 issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authoritiesgoverning agencies. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor auditor, to audit, to the extent reasonably required, Seller's ’s financial records, including its system of internal controls over financial reporting; provided, however, provided that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's ’s reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's ’s monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this the Agreement, from having access to such Financial Compliance Information (unless Information(unless approved in writing in advance advance, by Seller).. SHEET NO. 100L Effective October 22, 2010 LANAI DIVISION

Financial Compliance. Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance Information"), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (i) the accounting principles of Financial Accounting Standards Board ("FASB") Accounting Standards Codification 810, Consolidation ("FASB ASC 810"), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("SOX 404"), (iii) FASB ASC 840 Leases ("FASB ASC 840"), and (iiiiv) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 810, SOX 404 and SOX 404FASB ASC 840, issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor to audit, to the extent reasonably required, Seller's financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance by Seller).

Financial Compliance. Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance Information"), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (i) the accounting principles of Financial Accounting Standards Board ("FASB") Accounting Standards Codification 810, Consolidation ("FASB ASC 810"), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("SOX 404"), and (iii) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and SOX 404, 404 issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor to audit, to the extent reasonably required, Seller's financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance by Seller).

Financial Compliance. Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "“Financial Compliance Information"”), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (ia) the accounting principles of Financial Accounting Standards Board ("“FASB"”) Accounting Standards Codification 810, Consolidation ("“FASB ASC 810"”), ; (iib) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("“SOX 404"”), ; and (iiic) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and SOX 404, issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor to audit, to the extent reasonably required, Seller's ’s financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's ’s reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's ’s monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance by Seller).Seller).‌‌‌‌‌

Financial Compliance. Seller Subscriber Organization shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance Information"), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (i) the accounting principles of Financial Accounting Standards Board ("FASB") Accounting Standards Codification ("ASC") 810, Consolidation ("FASB ASC 810"), (ii) FASB ASC 842, Leases, (iii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("SOX 404"), and (iiiiv) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and 810, SOX 404, and FASB ASC 842 issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller Subscriber Organization shall allow Company or its independent auditor to audit, to the extent reasonably required, SellerSubscriber Organization's financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to SellerSubscriber Organization's reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's monitoring, dispatch or scheduling of Seller Subscriber Organization and/or Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance by SellerSubscriber Organization).

Financial Compliance. (a) Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "Financial Compliance “Information"”), reasonably requested by Company for purposes of permitting Company and its parent companyHawaiian Electric Industries, Inc. (“HEI, ”) to comply with the requirements (initial and on-going) of (i) identifying variable interest entities and determining primary beneficiaries under the accounting principles of Financial Accounting Standards Board ("“FASB"”) Accounting Standards Codification 810, Consolidation ("“FASB ASC 810"”), (ii) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("“SOX 404"), ”) and (iii) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and SOX 404, 404 issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authoritiesgoverning agencies. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor auditor, to audit, to the extent reasonably required, Seller's ’s financial records, including its system of internal controls over financial reporting; provided, however, provided that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's ’s reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's ’s monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this the Agreement, from having access to such Financial Compliance Information (unless Information(unless approved in writing in advance advance, by Seller).. SHEET XX. 000X Xxxxxxxxx Xxxxxxx 00, 0000 XXXXXXX DIVISION

Financial Compliance. Seller shall provide or cause to be provided to Company on a timely basis, as reasonably determined by Company, all information, including but not limited to information that may be obtained in any audit referred to below (the "“Financial Compliance Information"”), reasonably requested by Company for purposes of permitting Company and its parent company, HEI, to comply with the requirements (initial and on-going) of (ia) the accounting principles of Financial Accounting Standards Board ("“FASB"”) Accounting Standards Codification 810, Consolidation ("“FASB ASC 810"”), ; (iib) Section 404 of the Xxxxxxxx-Xxxxx Act of 2002 ("“SOX 404"”), ; and (iiic) all clarifications, interpretations and revisions of and regulations implementing FASB ASC 810 and SOX 404, issued by the FASB, Securities and Exchange Commission, the Public Company Accounting Oversight Board, Emerging Issues Task Force or other Governmental Authorities. In addition, if required by Company in order to meet its compliance obligations, Seller shall allow Company or its independent auditor to audit, to the extent reasonably required, Seller's ’s financial records, including its system of internal controls over financial reporting; provided, however, that Company shall be responsible for all costs associated with the foregoing, including but not limited to Seller's ’s reasonable internal costs. Company shall limit access to such Financial Compliance Information to persons involved with such compliance matters and restrict persons involved in Company's ’s monitoring, dispatch or scheduling of Seller and/or Facility, or the administration of this Agreement, from having access to such Financial Compliance Information (unless approved in writing in advance by Seller).