Common use of Report Verification Clause in Contracts

Report Verification. (a) ASCAP has the right to examine your books and records, and you agree to obtain for ASCAP the right to examine the books and records of any partner in, or co-publisher of, your Non-Interactive Service, in order to verify any required report. ASCAP may exercise this right by giving you thirty (30) days written notice of ASCAP’s intention to conduct an examination. You agree to furnish all pertinent books and records, including electronic records, to ASCAP’s authorized representatives, during customary business hours. ASCAP will consider all data and information derived from ASCAP’s examination as completely confidential. ASCAP will not disclose such confidential data and information without your prior written consent, except as may be required by law or legal process, and then only upon prior written notice to you. (b) If ASCAP’s examination shows that you underpaid license fees, you agree to pay a finance charge of one and one half percent (1-1/2%) per month, or the maximum rate permitted by state law, whichever is less, on the license fees due from the date ASCAP bills you for that amount or, if the underpayment is five percent (5%) or more, from the date or dates that the license fees should have been paid. (c) You may dispute all or part of ASCAP’s claim for additional fees. You may do so by advising ASCAP in writing within thirty (30) days from the date ASCAP bills the additional fees to you of the basis for your dispute, and by paying the undisputed portion of ASCAP’s claim with the applicable finance charges. If there is a good faith dispute between you and ASCAP concerning all or part of ASCAP’s claim, ASCAP will defer finance charges on the disputed amount until sixty (60) days after ASCAP has responded to you, and will pro rate finance charges based on the resolution of the dispute.

Report Verification. (a) ASCAP has the right to examine your books and records, and you agree to obtain for ASCAP the right to examine the books and records of any partner in, or co-publisher of, your Non-Interactive Service, in order to verify any required report. ASCAP may exercise this right by giving you thirty (30) days written notice of ASCAP’s intention to conduct an examination. You agree to furnish all pertinent books and records, including electronic records, to ASCAP’s authorized representatives, during customary business hours. ASCAP will consider all data and information derived from ASCAP’s examination as completely confidential. ASCAP will not disclose such confidential data and information without your prior written consent, except as may be required by law or legal process, and then only upon prior written notice to you. (b) If ASCAP’s examination shows that you underpaid license fees, you agree to pay a finance charge of one and one half percent (1-1/2%) per month, or the maximum rate permitted by state law, whichever is less, on the license fees due from the date ASCAP bills you for that amount or, if the underpayment is five percent (5%) or more, from the date or dates that the license fees should have been paid. (c) You may dispute all or part of ASCAP’s claim for additional fees. You may do so by advising ASCAP in writing within thirty (30) days from the date ASCAP bills the additional fees to you of the basis for your dispute, and by paying the undisputed portion of ASCAP’s claim with the applicable finance charges. If there is a good faith dispute between you and ASCAP concerning all or part of ASCAP’s claim, ASCAP will defer finance charges on the disputed amount until sixty (60) days after ASCAP has responded to you, and will pro rate finance charges based on the resolution of the dispute.