Common use of Audit and verification Clause in Contracts

Audit and verification. 9.1. Either the Independent Administrator or an independent auditor approved by the Steering Committee will conduct an audit of procurement figures reported by one Service Provider selected at random each year. The same Service Provider shall not be randomly selected two years in a row. 9.2. In addition, on request of the Steering Committee, the Independent Administrator shall instruct an independent auditor approved by the Steering Committee to conduct an audit of the information and test results supplied by any Service Provider’s annual report,. Commercially sensitive information with respect to an individual Signatory, as designated by that Signatory, shall remain confidential both during and after the audit. Signatories agree to provide reasonable assistance to the auditor. The independent auditor must sign a confidentiality agreement in a form reasonably satisfactory to the Signatory. The Steering Committee shall bear the cost of such audit. 9.3. The Independent Administrator will randomly select one model from each Service Provider’s annual report from each Category of Set-Top Boxes, if any, that meets the energy efficiency levels of the applicable Tier for verification testing. In consultation with the Energy Advocates and the committee established pursuant to Section 13.5, the Independent Administrator may in its discretion exclude from selection any model that was successfully tested pursuant to this section in the prior year. Verification testing shall be conducted in a third party laboratory approved by the Steering Committee or under a supervised Signatory testing program with an accredited observer approved by the Steering Committee. Cable Television Laboratories, Inc. and its subsidiaries (“CableLabs”) and test facilities operating under CableLabs’ supervision are specifically approved as test facilities for these purposes. Tests must be conducted using the test method set forth in Annex 6 and the applicable provisions of the Tier programs and the new features process, which require that Set-Top Boxes are tested in their as-installed configuration on the Service Provider’s network. The Steering Committee will adopt operating procedures that include automatic additional testing if a tested device does not meet prescribed levels. The Steering Committee may direct additional verification testing in accordance with Section 9.2 of the Voluntary Agreement. The testing obligations under this section shall begin in connection with the Service Provider’s annual reports for 2018 submitted in 2019. 9.3.1. The cost of verification testing shall be borne by the Service Provider. 9.3.2. Issues identified during verification testing shall be submitted for discussion with the relevant Service Provider and/or by the Steering Committee. Substantial non-compliance identified from verification testing shall be submitted as a claim for resolution under Section 13.3 through 13.5.

Audit and verification. 9.1. Either the Independent Administrator or an independent auditor approved by the Steering Committee will conduct an audit of procurement figures reported by one Service Provider selected at random each year. The same Service Provider shall not be randomly selected two years in a row. 9.2. In addition, on request of the Steering Committee, the Independent Administrator shall instruct an independent auditor approved by the Steering Committee to conduct an audit of the information and test results supplied by any Service Provider’s annual report,. Commercially sensitive information with respect to an individual Signatory, as designated by that Signatory, shall remain confidential both during and after the audit. Signatories agree to provide reasonable assistance to the auditor. The independent auditor must sign a confidentiality agreement in a form reasonably satisfactory to the Signatory. The Steering Committee shall bear the cost of such audit. 9.3. The Independent Administrator will randomly select one model from each Service Provider’s annual report from each Category of Set-Top Boxes, if any, that meets the energy efficiency levels of the applicable Tier for verification testing. In consultation with the Energy Advocates and the committee established pursuant to Section 13.5, the Independent Administrator may in its discretion exclude from selection any model that was successfully tested pursuant to this section in the prior year. Verification testing shall be conducted in a third party laboratory approved by the Steering Committee or under a supervised Signatory testing program with an accredited observer approved by the Steering Committee. Cable Television Laboratories, Inc. and its subsidiaries (“CableLabs”) and test facilities operating under CableLabs’ supervision are specifically approved as test facilities for these purposes. Tests must be conducted using the test method set forth in Annex 6 2 and the applicable provisions of the Tier programs and the new features process, which require that Set-Top Boxes are tested in their as-installed configuration on the Service Provider’s network. The Steering Committee will adopt operating procedures that include automatic additional testing if a tested device does not meet prescribed levels. The Steering Committee may direct additional verification testing in accordance with Section 9.2 of the Voluntary Agreement. The testing obligations under this section shall begin in connection with the Service Provider’s annual reports for 2018 submitted in 2019. 9.3.1. The cost of verification testing shall be borne by the Service Provider. 9.3.2. Issues identified during verification testing shall be submitted for discussion with the relevant Service Provider and/or by the Steering Committee. Substantial non-compliance identified from verification testing shall be submitted as a claim for resolution under Section 13.3 through 13.5.

Audit and verification. 9.1. Either the Independent Administrator or an independent auditor approved by the Steering Committee will conduct an audit of procurement figures reported by one Service Provider selected at random each year. The same Service Provider shall not be randomly selected two years in a row. 9.2. In addition, on request of the Steering Committee, the Independent Administrator shall instruct an independent auditor approved by the Steering Committee to conduct an audit of the information and test results supplied by any Service Provider’s annual report,. Commercially sensitive information with respect to an individual Signatory, as designated by that Signatory, shall remain confidential both during and after the audit. Signatories agree to provide reasonable assistance to the auditor. The independent auditor must sign a confidentiality agreement in a form reasonably satisfactory to the Signatory. The Steering Committee shall bear the cost of such audit. 9.3. The Independent Administrator will randomly select one model from each Service Provider’s annual report from each Category of Set-Top Boxes, if any, that meets the energy efficiency levels of the applicable Tier for verification testing. In consultation with the Energy Advocates and the committee established pursuant to Section 13.5, the Independent Administrator may in its discretion exclude from selection any model that was successfully tested pursuant to this section in the prior year. Verification testing shall be conducted in a third party laboratory approved by the Steering Committee or under a supervised Signatory testing program with an accredited observer approved by the Steering Committee. Cable Television Laboratories, Inc. and its subsidiaries (“CableLabs”) and test facilities operating under CableLabs’ supervision are specifically approved as test facilities for these purposes. Tests must be conducted using the test method set forth in Annex 6 2 and the applicable provisions of the Tier programs and the new features process, which require that Set-Top Boxes are tested in their as-installed configuration on the Service Provider’s network. The Steering Committee will adopt operating procedures that include automatic additional testing if a tested device does not meet prescribed levels. The Steering Committee may direct additional verification testing in accordance with Section 9.2 of the Voluntary Agreement. The testing obligations under this section shall begin in connection with the Service Provider’s annual reports for 2018 submitted in 2019. 9.3.1. The cost of verification testing shall be borne by the Service Provider. 9.3.2. Issues identified during verification testing shall be submitted for discussion with the relevant Service Provider and/or by the Steering Committee. Substantial non-compliance identified from verification testing shall be submitted as a claim for resolution under Section 13.3 through 13.5.

Audit and verification. 9.1. Either Beginning in 2024, within fifteen days of receipt of a Manufacturer’s annual sales report, the Independent Administrator or an shall select one Model from such report to be subjected to independent auditor verification testing in each power mode addressed in Annex 1. Verification testing shall be conducted in third party labs approved by the Steering Committee or under a supervised Manufacturer testing program with the approved observer approved by the Steering Committee. For at least the first year of verification testing in 2024, the Steering Committee shall only approve a lab or observer nominated by an Energy Advocate. As part of the development of on-mode power levels pursuant to Section 5.1.4, the Signatories will develop appropriate tolerance thresholds to account for variability in individual television units for verification testing. If the verification test result as determined above is outside the tolerance thresholds established pursuant to Section 9.1.2, the Signatory must promptly undertake a root cause analysis of such discrepancy and any necessary corrective actions, and must then either (1) demonstrate to the Independent Administrator and the Energy Advocates that the Model’s energy usage is consistent with the levels previously reported or (2) revise its annual report for the prior Reporting Period that the Independent Administrator will review to re-evaluate the Signatory’s substantial compliance with its commitments under the Voluntary Agreement. Test results and any actions required by Section 9.1.3 should be completed by August 1 so that the information can be incorporated into the Independent Administrator’s report prepared pursuant to Section 8.7. A Signatory has the option to provide a list of Models for the prior Reporting Year to the Independent Administrator earlier than its annual report so that the Independent Administrator may expedite the selection of Models for lab verification to be performed that year. For each Reporting Year beginning on or after the Tier 1 Commitment Effective Date, the Independent Administrator shall conduct an audit of procurement Sales figures reported by one Service Provider Manufacturer Signatory selected at random each year. The same Service Provider shall not be randomly selected two years in a row. 9.2. In addition, on On request of the Steering Committee, the Independent Administrator shall instruct an independent auditor approved by the Steering Committee to conduct an additional audit of the information and test results supplied by any Service Providerother Manufacturer Signatory’s annual sales report,. Commercially The result of the audit shall be included in the annual report published pursuant to Section 8.7, but commercially sensitive information with respect to an individual Signatory, as designated by that Signatory, shall remain confidential both during and after the an audit. Signatories agree to provide reasonable assistance to the auditor. The independent auditor must Independent Administrator may be required to sign a confidentiality agreement in a form reasonably satisfactory to the Signatory. The Steering Committee shall bear the cost of such audit. 9.3. The Independent Administrator will randomly select one model from each Service Provider’s annual report from each Category of Set-Top Boxes, if any, that meets the energy efficiency levels of the applicable Tier for verification testing. In consultation with the Energy Advocates and the committee established pursuant to Section 13.5, the Independent Administrator may in its discretion exclude from selection any model that was successfully tested pursuant to this section in the prior year. Verification testing shall be conducted in a third party laboratory approved by the Steering Committee or under a supervised Signatory testing program with an accredited observer approved by the Steering Committee. Cable Television Laboratories, Inc. and its subsidiaries (“CableLabs”) and test facilities operating under CableLabs’ supervision are specifically approved as test facilities for these purposes. Tests must be conducted using the test method set forth in Annex 6 and the applicable provisions of the Tier programs and the new features process, which require that Set-Top Boxes are tested in their as-installed configuration on the Service Provider’s network. The Steering Committee will adopt operating procedures that include automatic additional testing if a tested device does not meet prescribed levels. The Steering Committee may direct additional verification testing in accordance with Section 9.2 of the Voluntary Agreement. The testing obligations under this section shall begin in connection with the Service Provider’s annual reports for 2018 submitted in 2019. 9.3.1. The cost of verification testing shall be borne by the Service Provider. 9.3.2. Issues identified during verification testing shall be submitted for discussion with the relevant Service Provider and/or by the Steering Committee. Substantial non-compliance identified from verification testing shall be submitted as a claim for resolution under Section 13.3 through 13.5.