Common use of IMG Audit Rights Clause in Contracts

IMG Audit Rights. IMG shall at any time, on at least ten (10) business days prior notice to VERITAS, be entitled to retain an independent certified public accounting firm to audit the books and records of VERITAS, for the sole purpose of confirming VERITAS' compliance with Sections 9.5 and/or 9.8. Any such audit shall be performed at IMG's expense during normal business hours and, at IMG's option, subject to the accounting firm's agreement to comply with confidentiality obligations substantially equivalent to those in Section 16 below. The accounting firm shall not, however, be prohibited from reporting to IMG the results of the audit. Any adjustment resulting from an audit shall be retroactive to the date when IMG was entitled to the lower development fee or royalty, as applicable, pursuant to this Section 9.

Appears in 4 contracts

Samples: License and Oem Agreement (Seagate Software Inc), License and Oem Agreement (Crystal Decisions Inc), License and Oem Agreement (Veritas Holding Corp)

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IMG Audit Rights. IMG shall at any time, on at least ten (10) business days prior notice to VERITAS, be entitled to retain an independent certified public accounting firm to audit the books and records of VERITAS, for the sole purpose of confirming VERITAS' compliance with Sections 9.5 and/or 9.8. Any such audit shall be performed at IMG's expense during normal business hours and, at IMG's option, subject to the accounting firm's agreement to comply with confidentiality obligations substantially equivalent to those in Section 16 below. The accounting firm shall not, however, be prohibited from reporting to IMG the results of the audit. Any adjustment resulting from an audit shall be retroactive to the date when IMG was entitled to the lower development fee or royalty, as applicable, pursuant to this Section 9.. 9.10

Appears in 1 contract

Samples: License and Oem Agreement

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IMG Audit Rights. IMG shall at any time, on at least ten (10) ---------------- business days prior notice to VERITAS, be entitled to retain an independent certified public accounting firm to audit the books and records of VERITAS, for the sole purpose of confirming VERITAS' compliance with Sections 9.5 and/or 9.8. Any such audit shall be performed at IMG's expense during normal business hours and, at IMG's option, subject to the accounting firm's agreement to comply with confidentiality obligations substantially equivalent to those in Section 16 below. The accounting firm shall not, however, be prohibited from reporting to IMG the results of the audit. Any adjustment resulting from an audit shall be retroactive to the date when IMG was entitled to the lower development fee or royalty, as applicable, pursuant to this Section 9.

Appears in 1 contract

Samples: Cross License and Oem Agreement (Seagate Technology Inc)

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