Reporting Audits. The Manager shall: (i) provide the reports to the Members required under Section 6.11; (ii) permit the audits, inspections and access rights under Section 6.12; and (iii) obtain the independent audit required under Section 6.13.
Reporting Audits. A. Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year (7/1–6/30), on forms provided by the Department. The first report will be due on July 31, 2021 and will report all activities from date of initial fund disbursement through June 30, 2021.
Reporting Audits. The reporting requirements and audit rights for the Development Program are set forth in Section 3 and Section 5, respectively, of Exhibit A.
Reporting Audits. The reporting requirements and audit rights for the Commercialization Program are set forth in Section 3 and Section 5, respectively, of Exhibit A.
Reporting Audits. Following the Minimum Royalty Payment Date, within sixty (60) days following the end of each calendar quarter during the term of this Agreement, Juniper shall submit to Xx. Xxxxxxxx a reporting form setting forth with respect to such quarter (a) the quantities of Products as to which royalties are due hereunder, and (b) a computation of such royalties. Payment in full of such royalties (less any credits under Section 4.2 or deductions under Section 4.3 (c)) for each quarter shall be due together with such reporting form. Not more frequently than once per calendar year, and following ten(10) days written notice to Juniper, Xx. Xxxxxxxx may appoint an independent third party (reasonably acceptable to Juniper) to review Juniper’s books and records during Juniper’s customary business hours for the sole purpose of determining Juniper’s compliance with Article 4 in a manner which will not be unduly burdensome to Juniper. In addition to the foregoing (if the foregoing review reveals an underpayment by Juniper), no more than one time per year upon ten (10) days written notice and during normal business hours, Xx. Xxxxxxxx may request an audit of Juniper’s financial records to determine compliance with Article 4 by an independent Certified Public Accountant approved by Juniper; provided that the costs of such audit will be borne by Xx. Xxxxxxxx; provided, further, however, that the costs of such audit will be borne by Juniper in the event that the audit determines that royalties have been understated by 5% or more. All information and data obtained for such reviews or audits shall be maintained in strict confidence by Xx. Xxxxxxxx, will be deemed Confidential Information, will be used solely for the express purpose set forth in this Agreement, and will not be disclosed to third parties except as may be so ordered by a court of competent jurisdiction. In the event that the audit reveals an underpayment, Juniper shall, as Xx. Xxxxxxxx’x sole and exclusive remedy for such failure to pay, pay to Juniper all unpaid fees, including interest thereon, and the costs of such audit (if applicable).
Reporting Audits. The Operator shall (i) provide the reports to the Board and Shareholders required under Section 6.10, (ii) permit the audits, inspections and access rights under Section 6.11, and (iii) obtain the independent audit required under Section 6.12. The Operator shall further record all work against the Properties, and provide the Board with technical data generated by Programs and Budgets.
Reporting Audits. (a) The provisions of this Section 5 shall be effective only following the termination of the Agreement to which this Exhibit is attached and then only if and for so long as Manager is entitled, pursuant to the terms of Article VI of the Agreement to which this Exhibit is attached, to receive Incentive Compensation pursuant to the terms of the Agreement; provided, however, that the provisions of this Section 5 shall also be effective for the duration of any period during the term of the Agreement that Manager does not have access to all of the reports and information specified in Section 5(b) below.
Reporting Audits. The Management Committee shall (i) provide the reports to the Members required under Section 6.11, (ii) permit the audits, inspections and access rights under Section 6.12, and (iii) obtain the independent audit required under Section 6.13.
Reporting Audits. (i) Purchaser shall keep and maintain, and shall require that its Affiliates (including the Company) and any Contingent Payment Obligor or other Selling Party, keep and maintain, for the period required under applicable Laws, but in no event less than [***] years from the end of the Calendar Quarter to which they pertain, complete and accurate books, ledgers, and other records of Purchaser or its Affiliates (including the Company) or applicable Contingent Payment Obligor or other Selling Party, as the case may be, with respect to each Product (collectively, “Purchaser Records”), as necessary to enable (A) Purchaser to provide the Reports pursuant to Section 2.07(j), and (B) Seller to perform an audit as contemplated by this Section 2.07(j).
Reporting Audits. The parties agree that (i) all Returns of the parties hereto shall treat the Transactions as a tax free reorganization under Sections 368(a)(1)(A) and (a)(2)(D) of the Code, and (ii) in the event of any audit or other proceeding by any Governmental Entity challenging such tax-free status, the Shareholders shall have the exclusive right, at their expense, to control the conduct and settlement of any such proceeding.
