Common use of Mogo Audit and Information Rights Clause in Contracts

Mogo Audit and Information Rights. (a) Within thirty (30) days of the end of each quarter, Postmedia will deliver to Mogo a Promotional Value Statement. Mogo may request an independent audit of Promotional Value Statements at its own expense once every year to be conducted on at least two week’s written notice to Postmedia, such audit to be conducted during normal business hours, on Postmedia’s premises, and shall be limited to records relating specifically to the Promotional Value Statements. If the audit discloses an over-reporting of Promotional Value of more than 5% of actual, Postmedia will be required to reimburse the cost of the audit to Mogo. (b) If an audit discloses any over-reporting of Promotional Value, Postmedia will provide Mogo with Promotional Value equal to such shortfall in the current or a subsequent period (at Mogo’s commercially reasonable election), in addition to the Minimum Promotional Value in respect of such current or subsequent period. (c) If more than two audits disclose material over-reporting of Promotional Value, then Mogo will have the right to immediately terminate this Agreement pursuant to Section 7.2(a).