Common use of Review of bills Clause in Contracts

Review of bills. Provided that there is no Event of Default hereunder, Multilayer shall have the right to reasonably review supporting data for any portion of a Lxxxxxx xxxx or reconciliation statement (a "Statement"), exercisable by written notice delivered to Lxxxxxx within sixty (60) days after Lxxxxxx'x delivery of such Statement to Multilayer. Such review shall be performed at Multilayer's sole cost at such place in Massachusetts as Lxxxxxx may reasonably designate and at such time and upon notice as shall minimize any disruption to Lxxxxxx'x business operations. The results of said review shall be presented to Lxxxxxx no later than sixty (60) days after Lxxxxxx has made available to Multilayer supporting data for its Statement as provided above. If Multilayer fails to timely give notice of its election to review any Lxxxxxx Statement or fails to complete such review within sixty (60) days after Multilayer has received the supporting data for of Lxxxxxx'x Statement, then Multilayer shall have no right to review or contest such Statement. Notwithstanding the foregoing, if Multilayer timely elects to review a reconciliation Statement, then Multilayer's failure to previously review any prior Statement to which such reconciliation Statement relates shall not prevent Multilayer from reviewing and challenging such prior Statement(s) as part of its review of a reconciliation Statement. Any dispute pertaining to Lxxxxxx'x Statement shall be resolved by an independent certified public accountant of national standing reasonably selected by Multilayer and reasonably acceptable to Lxxxxxx, whose determination shall be binding, and whose fees shall be borne by the party whose position such accountant determines shall depart the most from its determination. Any records reviewed hereunder constitute confidential information of Lxxxxxx, which shall not be disclosed by Multilayer to anyone other than the aforesaid accountant other than Multilayer's accountants, consultants, and attorneys. Whether or not Multilayer elects to contest its payments of costs under this Agreement, Multilayer shall pay all sums required hereunder as and when due, with an appropriate adjustment if needed after a Statement has been reviewed pursuant to this Section 1.5.

Review of bills. Provided that there is no Event of Default hereunder, Multilayer Konarka shall have the right to reasonably review supporting data for any portion of a Lxxxxxx Multilayer's xxxx or reconciliation statement (a "Statement"), exercisable by written notice delivered to Lxxxxxx Multilayer within sixty (60) days after Lxxxxxx'x Multilayer's delivery of such Statement to MultilayerKonarka. Such review shall be performed at MultilayerKonarka's sole cost at such place in Massachusetts as Lxxxxxx Multilayer may reasonably designate and at such time and upon notice as shall minimize any disruption to Lxxxxxx'x Multilayer's business operations. The results of said review shall be presented to Lxxxxxx Multilayer no later than sixty one hundred twenty (60120) days after Lxxxxxx has made available to Multilayer supporting data for its Statement as provided aboveissuance of Multilayer's Statement. If Multilayer Konarka fails to timely give notice of its election to review any Lxxxxxx Multilayer's Statement or fails to complete such review within sixty one hundred twenty (60120) days after Multilayer has received the supporting data for issuance of Lxxxxxx'x Multilayer's Statement, then Multilayer Konarka shall have no right to review or contest such Statement. Notwithstanding the foregoing, if Multilayer timely elects to review a reconciliation Statement, then Multilayer's failure to previously review any prior Statement to which such reconciliation Statement relates shall not prevent Multilayer from reviewing and challenging such prior Statement(s) as part of its review of a reconciliation Statement. Any dispute pertaining to Lxxxxxx'x Multilayer's Statement shall be resolved by an independent certified public accountant of national standing reasonably selected by Multilayer and reasonably acceptable to LxxxxxxKonarka, whose determination shall be binding, and whose fees shall be borne by the party whose position such accountant determines shall depart the most from its determination. Any records reviewed hereunder constitute confidential information of LxxxxxxMultilayer, which shall not be disclosed by Multilayer Konarka to anyone other than the aforesaid accountant other than Multilayer's accountants, consultants, and attorneysaccountant. Whether or not Multilayer Konarka elects to contest its payments of costs under this Agreement, Multilayer Konarka shall pay all sums required hereunder as and when due, with an appropriate adjustment if needed after a Statement has been reviewed pursuant to this Section 1.5.. 11-12-08