Common use of Limited Audit Rights Clause in Contracts

Limited Audit Rights. [**] per [**] month period Buyer may engage a third party independent accounting firm of national recognition mutually acceptable to, and agreed to in writing between, Buyer and Supplier (such firm, the “Auditor”) to audit, for the immediately prior year only, (i) MIP cost, (ii) resupply freight cost and (ii) volumes related to any Volume Related Deficiency Payments hereunder. The Auditor shall be expressly restricted from directly or indirectly disclosing any underlying MIP cost information to Buyer. Supplier shall give the Auditor reasonable access to relevant business records related to this Agreement, and the Auditor shall not unreasonably disrupt the business of Supplier. Buyer shall pay all fees and costs of the Auditor.

Appears in 2 contracts

Samples: Co Packing Agreement, Co Packing Agreement (WHITEWAVE FOODS Co)

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Limited Audit Rights. [**] Once per [**] twelve month period Buyer may engage a third party independent accounting firm of national recognition mutually acceptable to, and agreed to in writing between, Buyer and Supplier (such firm, the “Auditor”) to audit, for the immediately prior year only, (i) MIP cost, (ii) resupply freight cost and (ii) volumes related to any Volume Related Deficiency Payments hereunder. The Auditor shall be expressly restricted from directly or indirectly disclosing any underlying MIP cost information to Buyer. Supplier shall give the Auditor reasonable access to relevant business records related to this Agreement, and the Auditor shall not unreasonably disrupt the business of Supplier. Buyer shall pay all fees and costs of the Auditor.

Appears in 2 contracts

Samples: Co Packing Agreement (WHITEWAVE FOODS Co), Co Packing Agreement (WHITEWAVE FOODS Co)

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Limited Audit Rights. [**] Once per [**] twelve (12) month period Buyer may engage a third party independent accounting firm of national recognition mutually acceptable to, and agreed to in writing between, Buyer and Supplier (such firm, the “Auditor”) to audit, for the immediately prior year only, (i) MIP cost, (ii) resupply freight cost and (ii) volumes related to any Volume Related Deficiency Payments hereunder. The Auditor shall be expressly restricted from directly or indirectly disclosing any underlying MIP cost information to Buyer. Supplier shall give the Auditor reasonable access to relevant business records related to this Agreement, and the Auditor shall not unreasonably disrupt the business of Supplier. Buyer shall pay all fees and costs of the Auditor.

Appears in 1 contract

Samples: Co Packing Agreement (WHITEWAVE FOODS Co)

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