Monthly Report A. A Monthly Report shall be submitted within ten (10) calendar days of the end of each calendar month of the Period of Operation. Each Monthly Report shall be signed, dated, and certified by Concessionaire, Concessionaire’s Bookkeeper, or Accountant, and contain a Statement of Total Gross Receipts, excluding New Jersey State Sales Tax, derived by Concessionaire from operation of the Concession during the previous month. Each Monthly Report shall be based on the daily “Z” tapes or Point-of-Service (POS) device equivalent for that same month showing each day’s sales activity. Failure on the part of Concessionaire to provide the Monthly Report, when due, shall constitute a material breach of this Agreement subject to Suspension of Operations and/or Termination, in accordance with the terms and conditions set forth in Paragraphs 9 and 10. Concessionaire shall provide Department with any additional written clarification and/or information necessary to confirm the accuracy of any or all of Concessionaire’s Monthly Reports.
B. The signed, dated and certified Monthly Report must be submitted, in the Department- approved format, within ten (10) calendar days of the end of each calendar month of the Period of Operation.
Payment; Reports Within twenty (20) days after the close of each calendar quarter, Partner will deliver to SAP a report (“Payment Report”) which will provide all information reasonably required by SAP identifying each Customer by an unique customer number for computation, customer name (no abbreviations), customer address (street, city, postal code, country), group (if any), and/or confirmation of the fees, if any, due or credited to Licensor for the period being reported, including without limitation:
(i) license information (material code/software description, license quantity, license metric, license term for non-perpetual licenses, and associated license or subscription fee due SAP), and (ii) SAP support fees, associated support rate and indicating whether it is first year support or a renewal, and associated license fee. The payment report shall be submitted to SAP even if no license and support fee is due. Partner will submit the payment report electronically via a reporting tool made available by SAP to Partner. SAP will inform in writing Partner in case of change to the reporting format and Partner shall submit its payment reports under such new reporting format for all future quarterly reporting periods. Partner agrees that the Payment Report is binding on Partner once it is submitted to SAP and Partner may not withdraw, modify or cancel any orders set forth in the Payment Report.
8. AUDIT.
(a) SAP shall have the right to once annually conduct an audit to verify the compliance of (i) Partner, and/or (ii) any of its Affiliates involved in the performance of obligations under any part of the Agreement, with the terms of the Agreement, in particular Partner´s compliance obligations as set forth in Section 12 below. Notwithstanding foregoing, in the event SAP reasonably believes that a breach of the terms of this Agreement, in particular the compliance obligations set forth in Section 12 below, has occurred or will most likely occur, SAP shall have the right to perform an audit.
(b) The audit will be conducted by SAP or its nominated independent expert. By choosing the expert, SAP will take into account Partner’s legitimate business interests. SAP will bear the costs of the audit unless the expert establishes a breach by the Partner in which case Partner must bear the costs.
(c) SAP will provide one (1) week advance notice of an audit unless a) SAP reasonably believes that evidence to be reviewed will be compromised or b) required by investigating authorities.
(d) The audit will take place during normal business hours and SAP will instruct its expert to conduct the audit in such a manner that it will not unreasonably interfere with Partner’s business operations.
(e) Partner must make full disclosure to the expert, and ensure that (i) Partner and its Affiliates involved in the performance of obligations under any part of this Agreement and any of (ii) Partner’s Representatives cooperate fully and provide information, grant viewing access to all necessary and useful documents and permit the making of copies of them. Financial records that relate to the subject matter of the audit must be readily available for inspection during audits by SAP or its expert. Partner also agrees to make its employees, officers, and directors involved in the performance of obligations under this Agreement available for meetings and interviews with SAP and/or its expert for the audit. Partner agrees to provide appropriate workspace for the expert.
(f) The expert will be bound in writing to confidentiality for the benefit of SAP and the Partner. The expert will undertake not to disclose information to SAP, except for the purpose of providing a report of the audit and, in case of a breach of any part of this Agreement, any information establishing such a breach.
(g) Partner’s Confidential Information disclosed during the audit will not be used by SAP for any purpose other than to verify and prove if a breach of any part of this Agreement has occurred.
(h) Partner must include audit terms with its agreements with any third party used by Partner in connection with its sales and marketing activities under this Agreement (hereinafter “Intermediary/ies”) which are materially as protective as the terms in this Section 8.
(i) SAP reserves the right to suspend new business with the Partner in the event of a lack of reasonable and/or timely cooperation by Partner and its representatives in case of an audit. Furthermore, SAP may terminate the Agreement in accordance with Section 10.1 (Termination) below in case Partner does not cooperate with SAP during an audit as outlined in this Section 8.
COST REPORT 29 A. CONTRACTOR shall submit separate Cost Reports for each Period, or for a portion thereof, to 30 COUNTY no later than forty-five (45) calendar days following the period for which they are prepared or 31 termination of this Contract. CONTRACTOR shall prepare the Cost Report in accordance with all 32 applicable federal, state and COUNTY requirements, GAAP and the Special Provisions Paragraph of this 33 Contract. CONTRACTOR shall allocate direct and indirect costs to and between programs, cost centers, 34 services, and funding sources in accordance with such requirements and consistent with prudent business 35 practice, which costs and allocations shall be supported by source documentation maintained by 36 CONTRACTOR, and available at any time to ADMINISTRATOR upon reasonable notice.
37 1. If CONTRACTOR fails to submit an accurate and complete Cost Report within the time 1 period specified above, ADMINISTRATOR shall have sole discretion to impose one or both of the 2 following:
3 a. CONTRACTOR may be assessed a late penalty of five-hundred dollars ($500) for each 4 business day after the above specified due date that the accurate and complete Cost Report is not 5 submitted. Imposition of the late penalty shall be at the sole discretion of ADMINISTRATOR. The late 6 penalty shall be assessed separately on each outstanding Cost Report due COUNTY by CONTRACTOR.
7 b. ADMINISTRATOR may withhold or delay any or all payments due CONTRACTOR 8 pursuant to any or all agreements between COUNTY and CONTRACTOR until such time that the 9 accurate and complete Cost Report is delivered to ADMINISTRATOR.
10 2. CONTRACTOR may request, in advance and in writing, an extension of the due 11 date of the Cost Report setting forth good cause for justification of the request. Approval of such requests 12 shall be at the sole discretion of ADMINISTRATOR and shall not be unreasonably denied. In no case 13 shall extensions be granted for more than seven (7) calendar days
14 3. In the event that CONTRACTOR does not submit an accurate and complete Cost Report 15 within one hundred and eighty (180) calendar days following the termination of this Contract, and 16 CONTRACTOR has not entered into a subsequent or new agreement for any other services with 17 COUNTY, then all amounts paid to CONTRACTOR by COUNTY during the term of the Contract shall 18 be immediately reimbursed to COUNTY.
19 B. The individual and/or consolidated Cost Report prepared for each period shall be the final 20 financial and statistical report submitted by CONTRACTOR to COUNTY, and shall serve as the basis 21 for final settlement to CONTRACTOR for that period. CONTRACTOR shall document that costs are 22 reasonable and allowable and directly or indirectly related to the services to be provided hereunder. The 23 Cost Report shall be the final financial record for subsequent audits, if any.
24 C. Final settlement shall be based upon the actual and reimbursable costs for services hereunder, less 25 applicable revenues and any late penalty, not to exceed COUNTY’s Total Aggregate Amount Not To 26 Exceed as set forth in the Referenced Contract Provisions of this Contract. CONTRACTOR shall not 27 claim expenditures to COUNTY which are not reimbursable pursuant to applicable federal, state and 28 COUNTY laws, regulations and requirements. Any payment made by COUNTY to CONTRACTOR, 29 which is subsequently determined to have been for an unreimbursable expenditure or service, shall be 30 repaid by CONTRACTOR to COUNTY in cash, or other authorized form of payment, within thirty (30) 31 calendar days of submission of the Cost Report or COUNTY may elect to reduce any amount owed 32 CONTRACTOR by an amount not to exceed the reimbursement due COUNTY.
33 D. If the Cost Report indicates the actual and reimbursable costs of services provided pursuant to 34 this Contract, less applicable revenues and late penalty, are lower than the aggregate of interim monthly 35 payments to CONTRACTOR, CONTRACTOR shall remit the difference to COUNTY. Such 36 reimbursement shall be made, in cash, or other authorized form of payment, with the submission of the 37 Cost Report. If such reimbursement is not made by CONTRACTOR within thirty (30) calendar days after 1 submission of the Cost Report, COUNTY may, in addition to any other remedies, reduce any amount 2 owed CONTRACTOR by an amount not to exceed the reimbursement due COUNTY.
3 E. If the Cost Report indicates the actual and reimbursable costs of services provided pursuant to 4 this Contract, less applicable revenues and late penalty, are higher than the aggregate of interim monthly 5 payments to CONTRACTOR, COUNTY shall pay CONTRACTOR the difference, provided such 6 payment does not exceed the Amount Not To Exceed of COUNTY.
7 F. All Cost Reports shall contain the following attestation, which may be typed directly on or 8 attached to the Cost Report: 10 "I HEREBY CERTIFY that I have executed the accompanying Cost Report and 11 supporting documentation prepared by for the cost report period 12 beginning and ending and that, to the best of my knowledge 13 and belief, costs reimbursed through this Contract are reasonable and allowable and 14 directly or indirectly related to the services provided and that this Cost Report is a true, 15 correct, and complete statement from the books and records of (provider name) in 16 accordance with applicable instructions, except as noted. I also hereby certify that I 17 have the authority to execute the accompanying Cost Report. 18 19 Signed 20 Name 21 Title 22 Date " 23
Final Report The goal of this subtask is to prepare a comprehensive Final Report that describes the original purpose, approach, results, and conclusions of the work performed under this Agreement. The CAM will review the Final Report, which will be due at least two months before the Agreement end date. When creating the Final Report Outline and the Final Report, the Recipient must use the Style Manual provided by the CAM.
Monthly Statement The Contractor shall submit a statement to the Engineer at the end of each month, in a tabulated form approved by the Engineer, showing the amounts to which the Contractor considers himself to be entitled. The statement shall include the following items, as applicable; - the value of the Permanent Work executed up to the end of previous month - such an amount (not exceeding 75 percent of the value) as the Engineer may consider proper on account of materials for permanent work delivered by the Contractor in the site - such amount as the Engineer may consider fair and reasonable for any Temporary Works for which separate amounts are provided in the Bill of Quantities - adjustments under Clause 70 - any amount to be withheld under retention provisions of Sub-clause 60.3 - any other sum to which the Contractor may be entitled under the Contract If the Engineer disagrees with or cannot verify any part of the statement, the Contractor shall submit such further information as the Engineer may reasonably require and shall make such changes and corrections in the statement as may be directed by the Engineer. In cases where there is difference in opinion as to the value of any item, the Engineer’s view shall prevail.