Common use of Ongoing Verification Clause in Contracts

Ongoing Verification. If VMU questions Sprint PCS’ calculation of its actual Cost of Service for MOU based airtime services and SMS messages as outlined in Sections 7.2.1 (b) and 7.2.2 (b) of this Agreement, VMU may request that Sprint PCS’ outside auditor, at the cost of VMU, examine Sprint PCS’ assertion that it complied with the requirements of the PCS Services Agreement in its calculation of its actual Cost of Service for MOU based airtime services and SMS messages as outlined in Sections 7.2.1 (b) and 7.2.2 (b) of this Agreement for the preceding year. Based upon its examination, the auditor will verify that Sprint PCS’ assertion that it complied with the aforementioned requirements for the aforementioned period is fairly stated, in all material respects. If inaccuracies are discovered, the Parties will take corrective action, which action, if necessary, will include escalation under Section 17 of this Agreement.

Appears in 1 contract

Sources: PCS Services Agreement (Virgin Mobile USA, Inc.)

Ongoing Verification. If VMU questions Sprint PCS’ calculation of its actual Cost of Service for MOU based airtime services and SMS messages as outlined in Sections 7.2.1 (b) and 7.2.2 (b) of this Agreement, VMU may request that Sprint PCS’ outside auditor, at the cost of VMU, examine Sprint PCS’ assertion that it complied with the requirements of the PCS Services Agreement in its calculation of its actual Cost of Service for MOU based airtime services and SMS messages as outlined in Sections 7.2.1 (b) and 7.2.2 (b) of this Agreement for the preceding year. Based upon its examination, the auditor will verify that Sprint PCS’ assertion that it complied with the aforementioned requirements for the aforementioned period is fairly stated, in all material respects. If inaccuracies are discovered, the Parties will take corrective action, which action, if necessary, will include escalation under Section 17 of this Agreement.

Appears in 1 contract

Sources: PCS Services Agreement (Virgin Mobile USA, Inc.)