PRICING/AUDIT. The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor’s cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Contractor or its subcontractors, as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Contractor's place of business. This right to audit shall include the Contractor’s subcontractors used to procure goods under the contract with the County. Contractor shall ensure the County has these same rights with subcontractors and suppliers.
PRICING/AUDIT. The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor’s cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five
PRICING/AUDIT. Provider shall, at the State's request, provide auditors designated by the State, that are not competitors of Provider or its Subcontractors, and that are subject to the confidentiality requirements set forth in Section 21, with access to Provider's books and records to the extent necessary to fully audit and verify any amounts paid or payable by the State hereunder. Provider shall provide such auditors with full access to such information relating to this Agreement and Provider's books and records as may be necessary to confirm the accuracy of Provider's invoices, documents, and other information supporting such invoices, and any pricing adjustment computations. Provider shall provide such documents, data, or information on such Media as the State might reasonably request, including hard copy, optical or magnetic disk, or tape. All such audits shall be conducted during business hours, with three (3) business days advance notice, and shall include access to Provider Confidential Information to the extent necessary to comply with the provisions of this Section 20.3.
PRICING/AUDIT. Provider shall, upon request, allow auditors mutually agreed to by the Parties, that are not competitors of Provider or its Subcontractors with respect to the provision of the types of services as provided under this Agreement, and who have executed a confidentiality agreement substantially in the form of the Auditors Confidentiality Agreement attached as Schedule V, to fully audit Provider to the extent reasonably necessary to verify any amounts paid or payable hereunder are consistent with the charges and charging methodology set forth in Schedule E. Provider shall provide such auditors with all reasonable and necessary access to documents, and other information relating to the Services provided under this Agreement as necessary to confirm the accuracy of Provider’s invoices, and any pricing adjustment computations. All such audits shall be conducted during Provider’s normal business hours, with reasonable advance notice and shall include reasonable access to certain Provider proprietary and confidentiality information to the extent necessary to comply with this Section 6.2 (provided the auditors shall have no access to Provider’s profit or cost data, personnel records, confidential information of other Provider customers or to Provider’s internal audit data, collectively, “Internal Confidential Information”). Auditor(s) shall be compensated on a fee basis rather than a contingency or other incentive compensation scheme. Provider shall promptly refund all overcharges. Further, if any such audit reveals that Provider has overcharged Investors in excess of five percent (5%) during the period to which the audit relates as determined prior to the commencement of the audit, then (subject to Section 20 – Dispute Resolution) Provider shall promptly refund such overcharges to Investors with interest equal to the lesser of one percent (1%) of such payments per every thirty (30) calendar days or portion thereof; or (ii) the maximum amount permissible by the applicable law. Investors may dispute any invoice in accordance with the provisions of this Agreement and Provider will bear its own internal costs of participating in such audit.
PRICING/AUDIT. The Contractor shall maintain adequate records to justify all prices for all items invoiced as well as all charges, expenses and cost incurred in performing the work for at least three (3) years after completion of this contract. The County shall have access to such books, records, subcontract, financial operations, and documents of the Contractor or its subcontractors as required to comply with this section for the purpose of inspection or audit during normal business hours at the Contractor’s place of business.
PRICING/AUDIT. Contractor shall, at the County’s request, allow auditors designated by the County that are subject to reasonable confidentiality requirements to fully audit Contractor’s books and records to the extent necessary to verify any amounts paid or payable by the County hereunder. Contractor shall provide such auditors with full access to such information relating to this Agreement and Contractor’s books and records as may be necessary to confirm the accuracy of Contractor’s invoices, documents, and other information supporting such invoices, and any pricing adjustment computations. All such audits shall be conducted during business hours, with reasonable advance notice, and shall include access to proprietary and confidential information to the extent necessary to comply with the provisions of this Section 16.3. If any such audit reveals that Contractor has overcharged the County during the period to which the audit relates, then Contractor shall refund such overcharges to the County through the next monthly invoice and the cost of such audit shall be borne by Contractor. Should Contractor owe County a refund after the final invoice at the conclusion of Disentanglement, Contractor shall issue a draft to County in the amount due within thirty (30) days of the final invoice date.
PRICING/AUDIT. Sun will have the right to audit the records of Insignia pursuant to Section 4.5 of this Agreement to verify that the relative pricing of the Java Environment as a percentage of the associated product and services is reasonable based upon the percentage value thereof, and is not priced as a loss leader.
PRICING/AUDIT
