Common use of Plan Audits Clause in Contracts

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan Assets The allocation of Pension Plan assets and liabilities pursuant to Section 3.02 and the transfer of assets from Equifax's VEBA pursuant to Section 5.03, shall, at the election of Certegy, be audited on behalf of both Equifax and Certegy by an actuarial and benefit consulting firm mutually selected by the parties; provided, however, that no audit shall be permitted after the date of -------- ------- the Bulk Asset Transfer, in the case of the Pension Plans, or the actual transfer of assets, in the case of the Equifax VEBA. The scope of such audit shall be limited to the accuracy of the data and the accuracy of the computation and adherence to the methodology specified in this Agreement and, except as set forth in the penultimate sentence of this Section 7.06(a), such audit shall not be binding on the parties. The actuarial and benefit consulting firm shall provide its report to both Equifax and Certegy. No other audit shall be conducted with respect to the allocation of Plan assets and no issue of any nature whatsoever may be raised by Certegy once the transfer of assets has been completed. Subject to the following two sentences, no transfer of assets shall occur unless and until Certegy agrees to the allocation of assets. To the extent such audit recommends a change to the value of assets allocated to a Certegy Plan of less than 5%, the original determination shall be binding on the parties and shall not be subject to the dispute

Appears in 1 contract

Sources: Employee Benefits Agreement (Certegy Inc)

Plan Audits. (a) Audit Rights with Respect to the Allocation or Transfer of Plan Assets The allocation of Pension Plan assets and liabilities pursuant to Section 3.02 and the transfer of assets from Equifax's VEBA pursuant to Section 5.03, shall, at the election of Certegy, be audited on behalf of both Equifax and Certegy by an actuarial and benefit consulting firm mutually selected by the parties; provided, however, that no audit shall be permitted after the date of -------- ------- the Bulk Asset Transfer, in the case of the Pension Plans, or the actual transfer of assets, in the case of the Equifax VEBA. The scope of such audit shall be limited to the accuracy of the data and the accuracy of the computation and adherence to the methodology specified in this Agreement and, except as set forth in the penultimate sentence of this Section 7.06(a), such audit shall not be binding on the parties. The actuarial and benefit consulting firm shall provide its report to both Equifax and Certegy. No other audit shall be conducted with respect to the allocation of Plan assets and no issue of any nature whatsoever may be raised by Certegy once the transfer of assets has been completed. Subject to the following two sentences, no transfer of assets shall occur unless and until Certegy agrees to the allocation of assets. To the extent such audit recommends a change to the value of assets allocated to a Certegy Plan of less than 5%, the original determination shall be binding on the parties and shall not be subject to the disputedispute EMPLOYEE BENEFITS AGREEMENT

Appears in 1 contract

Sources: Employee Benefits Agreement (Certegy Inc)