Cost of Audit. If it shall be determined as a result of such audit that there has been an overcharge to DISTRICT when such overcharge is in excess of five percent (5%) of the amount paid by DISTRICT for Basic Services, Reimbursable Expenses, Additional Services and/or other charges based upon CONSULTANT's records for the period covered by the audit, CONSULTANT shall also pay to DISTRICT the cost of the audit, in addition to any refund of overcharges.
Cost of Audit. The Party initiating such audit shall bear the full cost of such audit unless such audit discloses that the actual expenses incurred in the conduct of the other Party’s obligations under the Research Plan or a Development Plan, as applicable, are lower than that reported by such Party by [***] percent ([***]%) or more, in which case the other Party shall reimburse the initiating Party for all costs incurred by the initiating Party in connection with such audit. Furthermore, the amount in excess of the actual expenses shall be deducted from the Shared Costs reported by that Party and reconciled between the Parties.
Cost of Audit. 30 7.6 No Non-Monetary Consideration for Sales............ 30 7.7 Taxes.............................................. 30
Cost of Audit. The Auditing Party shall bear the full cost of the performance of any audit requested by the Auditing Party except as hereinafter set forth. If, as a result of any inspection of the books and records of the Audited Party and/or its Affiliates, it is shown that payments made by ERS to the Company under this Agreement were less than the amount which should have been paid, then ERS shall make all payments required to be made to eliminate any discrepancy revealed by said inspection within 30 days after the Company's demand therefor. Furthermore, if the payments made were less than 95% of the amount that should have been paid during the period in question, ERS shall also reimburse the Company for the reasonable costs of such audit; provided, however, that no such reimbursement of such audit costs shall be made in the event such audit determines that, in the period in question, the Company misstated the financial data it reported to ERS pursuant to Section 7.1 and the Financial Appendix by such an amount as to cause an increase in the underpayment by ERS great enough to trigger the threshold set forth above, without which ERS would be within such threshold. In the event that the audit shows that an overpayment has been made by ERS, such amounts shall be deducted from Distribution Fees owed to the Company. If such overpayment amounts have not been settled by such deductions from Distribution Fees within one year from the date originally overpaid, then the Company shall make all payments required to be made to ERS to eliminate any such overpayment. Furthermore, if (i) the overpayment made was more than 105% of the amount that should have been paid during the period in question and (ii) the costs invoiced by the Company were more than 105% of the audited costs during the period in question, then the Company shall also reimburse ERS for the reasonable costs of such audit; provided, however, that no such reimbursement of such audit costs shall be made in the event such audit determines that, in the period in question, ERS misstated the financial data it reported to the Company pursuant to Section 7.1 and the Financial Appendix by such an amount as to cause an increase in the costs invoiced by the Company and/or the overpayment by ERS great enough to trigger the thresholds set forth above, without which the Company would be within such thresholds.
Cost of Audit. PROGENICS shall bear the full cost of the performance of any such audit except as hereinafter set forth. If, as a result of any inspection of the books and records of BMS, its Affiliates or its Sub-sublicensees, it is shown that BMS's payments under this Agreement were less than the amount which should have been paid, then BMS shall make all payments required to be made to eliminate any discrepancy revealed by said inspection within 30 days after PROGENICS's demand therefor, plus interest at the prime rate from the date payment should have been made. Furthermore, if the payments were less than the amount which should have been paid by an amount in excess of five percent of the payments actually made during the period in question, BMS shall also reimburse PROGENICS for the costs of such audit in addition to the payment required to be made to eliminate any discrepancy.
Cost of Audit. PVI shall bear any and all expenses associated with the conduct of the performance of any audit contemplated by Section 3.8; provided, however, that should any such audit disclose a ten percent or greater aggregate underpayment by Licensees to PVI for the audit period in question, or material non-compliance by Licensees with the terms of this Agreement, Licensees shall reimburse PVI for all such audit expenses.
Cost of Audit. (a) Medistem shall bear the full cost of the performance of any audit requested by Medistem except as hereinafter set forth. If, as a result of any inspection of the books and records of Licensee, its Affiliates or its Sublicensees, it is shown that Licensee’s payments under this Agreement were less than the amount which should have been paid, then Licensee shall make all payments required to be made to eliminate any discrepancy revealed by said inspection within 30 days after Medistem’s demand therefore. Furthermore, if the payments made were less than 95% of the amount that should have been paid during the period in question, Licensee shall also reimburse Medistem for the reasonable costs of such audit.
Cost of Audit. (a) Scynexis shall bear the full cost of the performance of any audit requested by Scynexis except as hereinafter set forth. If, as a result of any inspection of the books and records of Scynexis, or its Affiliates, it is shown that R-Pharm’s payments under this Agreement were less than the amount which should have been paid, then R-Pharm shall make all payments required to be made to eliminate any discrepancy revealed by said inspection within [*] after Scynexis’ demand therefor. Furthermore, if the payments made were less than [*] of the amount that should have been paid during the period in question, R-Pharm shall also reimburse Scynexis for the reasonable costs of such audit.
Cost of Audit. Unless an audit or inspection arises as a result of QK's misfeasance, in which case QK shall provide assistance to the auditors or inspectors at its own expense, Healthcare shall pay QK for QK's reasonable cost for any resources required by the auditors or inspectors in addition to the resources that QK would otherwise use in the performance of this Agreement.
Cost of Audit. The entire cost of the audit shall be borne by the Employer if the audit reveals that the Employer paid fringe benefit contributions which were less than the amount due, by at least ten percent (10%) of all contributions due for the period covered by the audit. Any Employer who cancels an audit without at least two (2) working days notice, or who fails to provide the required documents, shall be liable for the costs caused by that delay or that failure whether or not the audit reveals any contributions due. If an employer refuses the accountant entry for purposes of an audit, the Trust Funds may take legal action to compel entry, without regard to any grievance or arbitration procedure in this Agreement; and the Employer shall pay all reasonable costs and legal fees incurred by the Trust Funds in compelling or obtaining such an audit. In the event that an audit is performed outside the State of California, the Employer shall pay all costs incurred by the Trust Funds' accountant for transportation, meals and lodging in connection with the audit.
