Favorable Terms. Synnex warrants that during the term of this Agreement the terms and conditions of this Agreement, including discounts, prices and shipping, are no less favorable than the terms, conditions, discounts and prices given to any third party that purchases or licenses products or services from Synnex in similar quantities and under similar conditions. Blue Coat reserves the right to audit Synnex’s books and records, during the term of this Agreement and for three (3) years after its termination to verify Synnex’s compliance with this Section. The audit will not be done more than once in any calendar year and shall be done through an independent third party. Such third party shall execute a non-disclosure agreement prior to performing the audit. The cost of the audit shall be borne by Blue Coat, unless the third party determines that Synnex is not in compliance with this Section in which event Synnex shall pay for the audit. If the third party determines that Synnex has not charged Blue Coat the correct price, Synnex shall pay to Blue Coat the difference within thirty (30) days after the third party issues its report.
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement (Blue Coat Systems Inc)