Quality Control and Audit Procedures Clause Samples
The Quality Control and Audit Procedures clause establishes the right of one party to monitor, inspect, and verify the quality of goods or services provided under the agreement. Typically, this clause outlines the standards that must be met, the methods for conducting audits or inspections, and the frequency or notice required before such reviews take place. Its core function is to ensure that deliverables consistently meet agreed-upon specifications and to provide a mechanism for identifying and addressing deficiencies, thereby reducing the risk of substandard performance.
Quality Control and Audit Procedures. 18.1 Each Party shall have the absolute right and discretion at any time or from time to time, but at its expense, to itself conduct, or have conducted by an independent auditor, audits to verify one or more Claims submitted under the Settlement Program or any aspect thereof.
18.2 Each of the Parties and their respective representatives (including any auditing firm(s) that a Party may retain) shall, in connection with any exercise by it of any of its rights under this Section, at its request and expense, and at any time or from time to time, be afforded complete access to and permitted to inspect Counsel Certification Forms, Plaintiff Fact Sheets, and all related materials of each Government Entity Plaintiff submitted in connection with the Settlement Program. The Government Entity Settlement Administrator shall fully cooperate with any such audit. Additional materials related to the Government Entity Plaintiffs in connection with the Settlement Program may be made available to Altria or its representatives with Plaintiff’s Leadership’s consent.
18.3 Each Party shall notify the other, and the Government Entity Settlement Administrator, of any audit that it is conducting or having conducted pursuant to this Section 18 and which Claims (if any in particular) are to be audited.
18.4 If following completion of its audit of a Claim, a Party is of the view that any indicia of deception, dishonesty or fraud relating to any Claim or in any way to the Settlement Program exist, that Party may bring such matter to the attention of the Government Entity Settlement Administrator for possible action and/or may seek intervention of the MDL Court or the JCCP Court, if the MDL Court lacks subject-matter jurisdiction.
18.5 Plaintiffs’ Leadership, Altria, and the Government Entity Settlement Administrator each shall have the right to petition the MDL Court (or, if the MDL Court does not have jurisdiction over the relevant parties, the JCCP Court) for appropriate review and relief in the event of the detection of any indicia of deception, dishonesty or fraud relating to any Claim or in any way to the Settlement Program.
Quality Control and Audit Procedures