Common use of Access Monitoring Clause in Contracts

Access Monitoring. inspection CB4.1 The Grantee agrees to give the Commonwealth, or any persons authorised in writing by the Commonwealth: access to premises where the Activity is being performed and/or where Material relating to the Activity is kept within the time period specified in a Commonwealth notice; and permission to inspect and take copies of any Material relevant to the Activity. CB4.2 The Auditor-General and any Information Officer under the Australian Information Commissioner Act 2010 (Cth) (including their delegates) are persons authorised for the purposes of clause CB4.1. CB4.3 This clause CB4 does not detract from the statutory powers of the Auditor-General or an Information Officer (including their delegates). Policy intent Allows for inspection by the Commonwealth and Auditor-General in high-risk circumstances. Risk/s to be mitigated - Grantee obstruction in any investigation undertaken by or on behalf of the Commonwealth. OPTION 1 OPTION 2 CB5. Equipment and assets CB5.1 In this Agreement: Asset means any item of property purchased, leased, created or otherwise brought into existence wholly, or in part, with the use of the Grant [, excluding Activity Material [and/,] Intellectual Property Rights [and real property]]. CB5.2 The Grantee agrees to obtain the Commonwealth's prior written approval to use the Grant to purchase any item of equipment or Asset for $[insert] (including GST) or more, apart from those listed in the Activity Budget and/or detailed below: [insert list of approved equipment and assets] CB5.3 Unless otherwise agreed in writing by the Commonwealth, the Grantee must ensure that it owns any equipment or Asset acquired with the Grant. CB5.4 Unless to the extent the Commonwealth agrees otherwise in writing, the Grantee agrees to use the Asset for the purpose of the Activity. The Commonwealth may give its agreement subject to conditions and the Grantee must comply with any such conditions. CB5.5 The Grantee agrees to maintain a register of all Assets with a value of $[insert] (including GST) or more at the time of the Asset’s purchase, lease, creation or bringing into existence in the form specified below and to provide the register to the Commonwealth upon request. Item Number Description Date of acquisition Grant Contributions Other Contributions - Grantee Other Contributions – Third Parties Total Cost [insert reference] [insert description of the equipment or asset] [insert amount of Grant contributed to this item] [insert amount of Grantees own funds contributed to this item] [insert amount of other sources of funding contributed to this item] [insert total amount cost of the item] CB5.6 On expiration or termination of the Agreement, the Grantee agrees to transfer any Asset to the Commonwealth or a third party nominated by the Commonwealth or otherwise deal with the Asset as directed by the Commonwealth. CB5.1 In this Agreement Asset means any item of property purchased, leased, created or otherwise brought into existence wholly, or in part, with the use of the Grant [, excluding Activity Material [and/,] Intellectual Property Rights [and real property]]. CB5.2 The Grantee agrees to obtain the Commonwealth's prior written approval to use the Grant to purchase any item of equipment or Asset for $[insert] (including GST) or more, apart from those listed in the Activity Budget and/or detailed below: [insert list of approved equipment and assets] CB5.3 Unless otherwise agreed in writing by the Commonwealth, the Grantee must ensure that it owns any equipment or Asset acquired in whole or in part using the Grant. CB5.4 For the term of the Agreement, in relation to any Asset, the Grantee agrees to: use the Asset solely for the purposes of the Activity; not encumber, grant a security interest over or dispose of the Asset without the Commonwealth’s prior written approval; hold the Asset securely and safeguard it against theft, loss, damage, or unauthorised use; maintain the Asset in good working order; ensure the Asset is properly insured for its full replacement value; and obtain and maintain all required registrations and licences for the Asset. CB5.5 The Grantee agrees to maintain a register of all Assets with a value of $[insert] (including GST) or more at the time of the Asset’s purchase, lease, creation or bringing into existence in the form specified below and to provide the register to the Commonwealth upon request. Item Number Description Grant Contributions Other Contributions - Grantee Other Contributions – Third Parties Total Cost Date of acquisition Is the Asset owned or leased? Date disposed of Proceeds of any sale or disposal Undepreciated value of asset [insert reference] [insert description of the equipment or asset] [insert amount of Grant contributed to this item] [insert amount of Grantees own funds contributed to this item] [insert amount of other sources of funding contributed to this item] [insert total amount cost of the item] CB5.6 The Grantee agrees that the proceeds from the sale of any Asset disposed of during the term of the Agreement must be treated as part of the Grant and used for the purposes of the Activity. CB5.7 If an Asset is lost, damaged or destroyed then, unless otherwise agreed in writing by the Commonwealth, the Grantee agrees to ensure that the Asset is promptly repaired, replaced or otherwise reinstated. This clause CB5 continues to apply to the reinstated Asset. CB5.8 On the expiration or termination of the Agreement, the Grantee agrees to transfer any Asset to the Commonwealth or a third party nominated by the Commonwealth or otherwise deal with the Asset as directed by the Commonwealth. Policy intent Protects the Commonwealth’s rights in relation to any equipment or assets purchased with the Grant and avoids Grant funds being turned into ▇▇▇▇▇▇▇’s own funds via the purchase and sale of Assets. Protects the Commonwealth’s rights in relation to any equipment or assets purchased with the Grant and avoids Grant funds being turned into Grantee’s own funds via the purchase and sale of Assets. Imposes additional Grantee responsibilities for any loss, damage or disposal of Assets after the Agreement has expired. Risk/s to be mitigated - Grantee uses Assets for unauthorised purposes. - Grantee uses Assets for unauthorised purposes. - Grantee fails to protect Assets from loss or damage or inappropriately disposes of Assets.