Right to Perform Franchise Fee Audit Sample Clauses

Right to Perform Franchise Fee Audit. In addition to all rights granted under Section 9.2, the Grantor shall have the right to perform, or cause to have performed, a formal audit of the Grantee's books and records and the books and records of any parent or Affiliate company, for the purpose of determining the Gross Receipts of the Grantee generated in any manner through the operation of the Cable System under this Franchise and the accuracy of amounts paid as franchise fees to the Grantor by the Grantee, provided that any audit must be commenced not later than three years after the date on which franchise fees for any period being audited were due. The cost of any such audit shall be borne by the Grantor, except that if through the audit it is established that the Grantee has made underpayment of 3% or more in franchise fees than required by this Franchise, then the Grantee shall, within thirty days of being requested to do so by the Grantor, reimburse the Grantor for the full cost of the audit, up to $7,500.
Sample 1
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Right to Perform Franchise Fee Audit. ‌ The Grantor shall have the right to perform, or cause to have performed, a formal audit of the Grantee's and any of its Affiliates’ books and records for the sole purpose of determining the Gross Revenues of the Grantee generated in any manner through the operation of the Cable System under this Franchise and the accuracy of amounts paid as franchise fees to the Grantor by the Grantee, provided that any audit must be commenced not later than three (3) years after the date on which franchise fees for any period being audited were due. The cost of any such audit shall be borne by the Grantor, except that if through the audit it is established that the Grantee has made underpayment of five percent (5%) or more in franchise fees than required by this Franchise, then the Grantee shall, within thirty (30) days of being requested to do so by the Grantor, reimburse the Grantor for the cost of the audit up to $10,000.00. The Grantor agrees to require a third party auditor to execute a nondisclosure agreement with Grantee in connection with any such audit if the auditor will have access to Grantee’s confidential or proprietary information.
Sample 1

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