3.0 CANCELLATION AND/OR RESCHEDULING FEES
Notwithstanding anything in this Agreement to the contrary, in the event of Auditee’s termination of this Agreement and/or termination or rescheduling of an Audit and/or in the event of EICC’s termination of this Agreement and/or an Audit and/or rescheduling of an Audit for Cause, Auditee will fully compensate EICC for the costs accrued and expenses incurred by EICC (together with all Taxes) for completed work, work in process and contractual commitments made up to and including the date of termination or rescheduling, as applicable. For purposes of this Section 3.0, “Cause” includes actions caused by Auditee’s acts, omissions and/or breach of this Agreement.
For each facility to undergo an Audit, the Auditee and the Audit Firm shall agree to the date(s) the Audit will take place. When this date or date(s) have been established, the following Cancellation and/or Rescheduling Fees shall be due and owing to EICC in the event of cancellation or rescheduling of the Audit by Auditee and/or in the event of EICC’s termination or rescheduling of an Audit for Cause. (Please note: the day of cancellation and the day of audit are not included in determining the number of business days remaining.)
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