Auditable Records. Licensee shall keep true, accurate and consistent records containing regular entries relating to the disposition of each copy of Embedded Software distributed by Licensee. These records shall be available for examination during normal business hours by accountants representing Espial, who shall be entitled to perform an audit and to make copies and extracts and to receive any explanations that may reasonably be requested. Espial is responsible for payment of the accountant's fee, except that Licensee shall be responsible for such fees in the event an examination discloses a discrepancy in Espial's favor of more than five (5) percent of the payment of total fees due under this Agreement.
Appears in 2 contracts
Sources: Software License Agreement (Mphase Technologies Inc), Software License Agreement (Mphase Technologies Inc)