Common use of Technical audits Clause in Contracts

Technical audits. 13.5.1. The Franchisors at their sole cost, may conduct technical audits of the Franchisee’s System pursuant to this Section 13.6 for the purpose of verifying compliance with the terms and conditions of this Agreement. Such a technical audit may not be commenced less than two years after the commencement of the last technical audit, unless (a) the Franchisors identify a specific technical problem with the System as a basis for a technical audit commencing in less than that two-year interval, and (b) such technical problem has not been corrected within thirty days after reasonable notice and opportunity to cure. 13.5.2. The Franchisee shall provide access to those facilities and records necessary to conduct the technical audit and will reasonably cooperate in the technical audit process. 13.5.3. Facilities and records to which the Franchisee shall provide access pursuant to Section 13.5.2 shall include, but not be limited to, the following: 13.5.3.1 copies of proof of performance tests conducted pursuant to FCC regulations; 13.5.3.2 copies of Cumulative Leakage Index (CLI) reports required by the FCC; 13.5.3.3 Franchisee’s channel line-up for all periods within the preceding two years; 13.5.3.4 system-level design information such as bandwidth, cable plant miles including percentage of aerial and underground, a strand map of plant for the subscriber network; and 13.5.3.5 system test equipment available. 13.5.4. Neither this Section 13.5, nor any other provision of this Agreement, shall be interpreted to prevent the Franchisors from exercising their rights to inspect the System or Franchisee’s books and records, or to require reports, pursuant to other provisions of this Agreement or the Cable Ordinance.

Technical audits. 13.5.1. The Franchisors at their sole cost, may conduct technical audits of the Franchisee’s System pursuant to this Section 13.6 13.5 for the purpose of verifying compliance with the terms and conditions of this Agreement. Such a technical audit may not be commenced less than two years after the commencement of the last technical audit, unless (a) the Franchisors identify a specific technical problem with the System as a basis for a technical audit commencing in less than that two-year interval, and (b) such technical problem has not been corrected within thirty days after reasonable notice and opportunity to cure. 13.5.2. The Franchisee shall provide access to those facilities and records necessary to conduct the technical audit and will reasonably cooperate in the technical audit process. 13.5.3. Facilities and records to which the Franchisee shall provide access pursuant to Section 13.5.2 shall include, but not be limited to, the following: 13.5.3.1 copies of proof of performance tests conducted pursuant to FCC regulations; 13.5.3.2 copies of Cumulative Leakage Index (CLI) reports required by the FCC; 13.5.3.3 Franchisee’s channel line-up for all periods within the preceding two years; 13.5.3.4 system-level design information such as bandwidth, cable plant miles including percentage of aerial and underground, a strand map of plant for the subscriber network; and 13.5.3.5 system test equipment available. 13.5.4. Neither this Section 13.5, nor any other provision of this Agreement, shall be interpreted to prevent the Franchisors from exercising their rights to inspect the System or Franchisee’s books and records, or to require reports, pursuant to other provisions of this Agreement or the Cable Ordinance.