Common use of Audit Access Clause in Contracts

Audit Access. ‌ 32.1 The CONTRACTOR (and any person acting on the CONTRACTOR’s behalf) shall keep, or cause to be kept, full and accurate financial and other performance records of all products used and services exclusively performed in connection with this Agreement (all such information herein referred to as the “Records”). The CONTRACTOR shall ensure that Subcontractors during the term hereof in connection with the performance of the Services shall also keep or cause to be kept full and accurate Records and shall grant and allow the same rights of access and accept the same obligations to provide information as are granted, allowed and/or accepted by the CONTRACTOR under this clause 32. 32.2 Except where specifically provided in this clause 32, neither the CONTRACTOR nor its CONTRACTOR Personnel or other representatives shall be entitled to reimbursement by the AUTHORITY for any costs or expenses incurred as a result of compliance with their respective obligations hereunder. 32.3 The CONTRACTOR shall, and shall procure that its Subcontractors shall, grant to the AUTHORITY or its authorised agents or any other Government body (subject, in the case of authorised agents or other Government body (except for such bodies referred to in clause 32.5) to execution of a confidentiality undertaking in favour of the CONTRACTOR on the terms set out in Schedule 25) the right of access at all reasonable times to inspect and take copies from the Records and/or any sites and/or premises and/or personnel connected with the provision of the Services and shall provide all reasonable assistance at all times during the Term (and for eighteen (18) months after the date of termination or expiry, for whatever reason, of this Agreement) for the purposes of allowing the AUTHORITY to obtain such information as is necessary to: (A) fulfil the AUTHORITY’s obligations to supply information for parliamentary, judicial or other administrative purposes; and/or (B) audit the CONTRACTOR’s compliance with its obligations under the Agreement; (C) carry out physical audits of the Assets involved in the delivery of the Services, whether or not they are listed on the Asset Register; and/or (D) audit all activities, security and integrity in connection with the provision of the Services. 32.4 Without prejudice to the foregoing, in the event of an investigation into suspected fraudulent activity, other impropriety or Default by the CONTRACTOR, or any CONTRACTOR Personnel, in connection with this Agreement or the performance of the Services, the AUTHORITY shall have for itself and its authorised representatives and agents the right to obtain immediate access to the Records and/or any sites and/or any premises and/or any personnel described in clauses 32.1, 32.2 and 32.3 above and the CONTRACTOR agrees to render all necessary assistance, and shall ensure that its CONTRACTOR Personnel render all necessary assistance, to the conduct of such investigation at all times during the Term or at any time thereafter. For the avoidance of doubt, the CONTRACTOR shall be repaid its reasonable expenses incurred in giving assistance pursuant to this Clause 32.4 in the event that the result of such investigation reveals no fraudulent activity or other impropriety or Default by the CONTRACTOR or any CONTRACTOR Personnel. 32.5 For the purposes of: (A) the examination and certification of the accounts of the AUTHORITY; and/or (B) any examination pursuant to section 6(1) of the National Audit ▇▇▇ ▇▇▇▇ of the economy, efficiency and effectiveness with which the AUTHORITY has used its resources, the Comptroller and Auditor General and/or his representatives (the “C & AG”) shall have the right to examine the Records and all such documents and other information owned, maintained or held by, or otherwise in the control of, the CONTRACTOR (including computerised records or Data) as the C & AG may reasonably require or consider necessary. The CONTRACTOR shall provide access (and shall procure that any person acting on the CONTRACTOR’s behalf who has such documents and/or other information shall also provide access) to such documents and/or other information for the C & AG for such purposes. Further, the CONTRACTOR shall furnish to the C & AG such oral or written explanations as he requires for such purposes. The C & AG shall bear the costs incurred by himself of such examination and clarification. 32.6 For the avoidance of doubt, it is hereby declared that clause 32.5 does not constitute a requirement or agreement for the examination, certification or inspection of the accounts of the contract by the C & AG under section 6(3)(d) of the National Audit ▇▇▇ ▇▇▇▇.

Audit Access. ‌ 32.1 The CONTRACTOR 34.1 Subject to clause 33.1(a) and clause 33.2 the Contractor shall co-operate fully and in a timely manner with any reasonable request from time to time of any auditor (and whether internal or external) of the Council or any person acting on WCA (including any official of the CONTRACTOR’s behalfEnvironment Agency, Best Value Inspectorate or any other statutory inspectorate) shall keep, or cause to be kept, full and accurate financial and other performance records of all products used and services exclusively performed inspect the NWTF and/or Transfer Stations in connection with any audit regarding the carrying out by the Council or any WCA of its statutory functions with regard to the performance or non performance of this Agreement Contract, such request to be made on the giving of reasonable notice to the Contractor. 34.2 The Contractor shall co-operate fully, and in a timely manner with any request from time to time of any auditor (all whether internal or external) of the Council or a WCA (including any official of the Environment Agency, Best Value Inspectorate or any other statutory inspectorate) to provide documents, or to procure the provision of documents, relating to the Project other than where such documents contain Commercially Sensitive Information (except to the extent that the Contractor can be required to provide such information herein referred to as such persons by Legislation) and to provide, or to procure the “Records”). The CONTRACTOR shall ensure that Subcontractors during provision of, any oral or written explanation relating to the term hereof same but only in connection with any audit regarding the carrying out by the Council or any WCA of its statutory functions with regard to the performance or non performance of this Contract provided always that the relevant auditor shall be under equivalent confidentiality obligations as those of the Services shall also keep or cause to be kept full and accurate Records and shall grant and allow the same rights of access and accept the same obligations to provide information Council as are granted, allowed and/or accepted by the CONTRACTOR under this clause 32. 32.2 Except where specifically provided in this clause 32, neither the CONTRACTOR nor its CONTRACTOR Personnel or other representatives shall be entitled to reimbursement by the AUTHORITY for any costs or expenses incurred as a result of compliance with their respective obligations hereunder. 32.3 The CONTRACTOR shall, and shall procure that its Subcontractors shall, grant to the AUTHORITY or its authorised agents or any other Government body (subject, in the case of authorised agents or other Government body (except for such bodies referred to in clause 32.5) to execution of a confidentiality undertaking in favour of the CONTRACTOR on the terms set out in Schedule 25) this Contract. In particular, the right of Council or any auditor shall be permitted access at to any and all reasonable times to inspect and take copies from documentation in the Records and/or any sites and/or premises and/or personnel connected with the provision possession, custody or control of the Services and shall provide all reasonable assistance at all times during the Term Contractor (and for eighteen (18) months after the date of termination or expiry, for whatever reason, of this Agreement) for the purposes of allowing the AUTHORITY to obtain such information as is necessary to: (A) fulfil the AUTHORITY’s obligations to supply information for parliamentary, judicial or other administrative purposes; and/or (B) audit the CONTRACTOR’s compliance with its obligations under the Agreement; (C) carry out physical audits of the Assets involved in the delivery of the Services, whether or not they are listed on the Asset Register; and/or (D) audit all activities, security and integrity in connection with the provision of the Services. 32.4 Without prejudice to the foregoing, in the event of an investigation into suspected fraudulent activity, other impropriety or Default by the CONTRACTOR, or any CONTRACTOR Personnel, in connection with this Agreement or the performance of the Services, the AUTHORITY shall have for itself and its authorised representatives and agents the right to obtain immediate access to the Records and/or any sites and/or any premises and/or any personnel described in clauses 32.1, 32.2 and 32.3 above and the CONTRACTOR agrees to render all necessary assistance, and shall ensure that its CONTRACTOR Personnel render all necessary assistance, to the conduct of such investigation at all times during the Term or at any time thereafter. For the avoidance of doubt, the CONTRACTOR shall be repaid its reasonable expenses incurred in giving assistance pursuant to this Clause 32.4 in the event that the result of such investigation reveals no fraudulent activity or other impropriety or Default by the CONTRACTOR or any CONTRACTOR Personnel. 32.5 For the purposes of: (A) the examination and certification of the accounts of the AUTHORITY; and/or (B) any examination pursuant to section 6(1) of the National Audit ▇▇▇ ▇▇▇▇ of the economy, efficiency and effectiveness with which the AUTHORITY has used its resources, the Comptroller and Auditor General and/or his representatives (the “C & AG”) shall have the right to examine the Records and all such documents and other information owned, maintained or held by, or otherwise in the control of, the CONTRACTOR (including computerised records or Data) as the C & AG may reasonably require or consider necessary. The CONTRACTOR shall provide access (and who shall procure that any person acting on the CONTRACTOR’s its behalf who has such documents and/or other information shall also provide such access) to such documents and/or other information for the C & AG for such purposes). Further, the CONTRACTOR shall furnish to the C & AG such oral or written explanations as he requires for such purposes. The C & AG shall bear the costs incurred by himself of such examination and clarification. 32.6 For the avoidance of doubtdoubt this right will include the power to interview staff, it is hereby declared that clause 32.5 does not constitute a requirement or agreement examine and take copies of any and all documentation and have access to and take copies of any computer data held for the examination, certification or inspection purposes of the accounts Project or the Services. 34.3 For the avoidance of doubt no Party shall be in breach of clause 69 (Information and confidentiality) by reason of any disclosure properly and reasonably made pursuant to this clause 34. 34.4 Subject to clause 33.2 the contract by Contractor shall procure that reasonably satisfactory office facilities are made available to the C & AG under section 6(3)(dCouncil and any auditor (whether internal or external) of the National Audit ▇▇▇ ▇▇▇▇Council (including any official of the Environment Agency, Best Value Inspectorate or any other statutory inspectorate) for the purposes of clauses 34.1 and 34.2 if requested by the Council to do so.

Audit Access. ‌ 32.1 The CONTRACTOR (Contractor, shall keep and any person acting on preserve the CONTRACTOR’s behalf) shall keepRecords during the Contract Time and for a period of 4 years thereafter. For the purposes of determining the Contractor's compliance with all of the terms of this Contract, or cause including, but not limited to be keptGC 8, full 19 and accurate financial 21 and for verification of all Work performed and all reimbursable costs and other performance records of all products used charges payable under this Contract, including but not limited to, claims and services exclusively performed in connection with this Agreement (all such information herein referred to as suspension or termination charges, the “Records”). The CONTRACTOR Contractor shall ensure that Subcontractors during the term hereof in connection with the performance permit authorized representatives of the Services shall also keep or cause Owner to be kept full and accurate Records and shall grant and allow review the same rights of access and accept the same obligations to provide information as are grantedRecords, allowed and/or accepted by the CONTRACTOR under this clause 32. 32.2 Except where specifically provided in this clause 32, neither the CONTRACTOR nor its CONTRACTOR Personnel or other representatives shall be entitled to reimbursement by the AUTHORITY for any costs or expenses incurred as a result of compliance with their respective obligations hereunder. 32.3 The CONTRACTOR shall, and shall procure that its Subcontractors shall, grant to the AUTHORITY or its authorised agents or any other Government body (subject, in the case of authorised agents or other Government body (except for such bodies referred to in clause 32.5) to execution of a confidentiality undertaking in favour of the CONTRACTOR on the terms set out in Schedule 25) the right of access at all reasonable times during the Contract Time, and for a period of 4 years thereafter. The provisions of this GC 32.2 pertain only to inspect and take copies from the Records and/or any sites and/or premises and/or personnel connected determination of the Contractor's compliance with the Contract and with verification of reimbursable costs and charges payable under this Contract and do not apply to any fixed price portion of the Contract. Any and all of the Owner's approvals are required to be in writing and to be given by the Owner's Representative. The Owner's Representative is ____________________. The Owner's Representative has the authority to bind the Owner on all matters relating to the Work and the Contract, and all communications to or with the Owner's Representative shall be deemed to be communications to or with the Owner. Contractor's Representative is ____________________. Contractor shall not change the Contractor's Representative, except with the prior approval of the Owner. The Contractor's Representative has the authority to bind the Contractor on all matters relating to the Work and the Contract, and all communications to or with Contractor's Representative shall be deemed to be communications to or with the Contractor. Unless otherwise specifically indicated in this Contract, all notices, approvals, consents, authorizations and other communications required or permitted pursuant to this Contract, shall be in writing and shall be delivered personally to the Contractor's Representative or the Owner's Representative, as the case may be, faxed or electronically transmitted, where such electronic transmission meets the minimum requirements set forth in any legislation governing the electronic transmission of documents pursuant to this Contract, to the other party at the addresses shown below: Contractor: __________________________________________ __________________________________________ __________________________________________ __________________________________________ Attention:________________________________ Telephone:________________________________ Fax:______________________________________ Owner: __________________________________________ __________________________________________ __________________________________________ __________________________________________ Attention:________________________________ Telephone:________________________________ Mail Drop:________________________________ Fax:______________________________________ Either party may change its address or fax number for notice by providing the other party with 10 days notice. Invoices and all supporting documentation shall be mailed or delivered to the address shown below: __________________________________________ __________________________________________ __________________________________________ __________________________________________ Attention:________________________________ Telephone:________________________________ Fax:______________________________________ No failure or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any right, power or privilege by a party shall limit or affect that party's rights with respect to any breach of this Contract by the other party. Each of the parties hereto shall execute such further documents and give such further assurances as are required to give effect to this Contract. If a court of competent jurisdiction determines that any provision of this Contract is invalid or unenforceable, such determination shall not affect the Services validity or enforceability of the remaining provisions of this Contract. Time is and shall provide all reasonable assistance at all times during continue to be of the Term (and for eighteen (18) months after the date of termination or expiry, for whatever reason, essence of this Agreement) for Contract. All of the purposes covenants and agreements herein contained on the part of allowing either party shall apply to, enure to the AUTHORITY benefit of and be binding upon their respective legal representatives, successors and assigns. Each of the parties hereby represents and warrants that it has the power and authority to obtain such information as is necessary to: (A) fulfil the AUTHORITY’s obligations carry on its business and to supply information for parliamentary, judicial or other administrative purposes; and/or (B) audit the CONTRACTOR’s compliance with enter into this Contract and to perform all of its obligations under hereunder. This Contract constitutes the Agreement; (C) carry out physical audits of entire agreement between the Assets involved in the delivery of the Services, whether or not they are listed on the Asset Register; and/or (D) audit all activities, security and integrity in connection parties with the provision of the Services. 32.4 Without prejudice respect to the foregoingWork and supersedes all previous communications, representations, warranties and agreements, either written or verbal. Unless the context otherwise requires, words importing the singular shall include the plural and vice-versa and words importing gender shall include the masculine, feminine and neuter genders. The terms "herein", "hereunder", "hereto" and similar expressions refer to this Contract, and not to any particular GC or paragraph of this Contract. Where reference is made to a "schedule", the reference is to a schedule of this Contract and all schedules shall be deemed to be a part hereof. Where reference is made to a "day", "week", "month" or "year", the reference is to a calendar day, week, month or year, unless the context indicates otherwise. The headings and sub-headings of GC's contained herein are used for convenience and ease of reference only and in no way define, limit, describe or interpret the event scope or intent of an investigation into suspected fraudulent activity, other impropriety or Default by the CONTRACTOR, this Contract or any CONTRACTOR Personnelof its provisions. Any terms, covenants, provisions or conditions of this Contract which expressly or by their nature survive the termination of this Contract shall continue in connection with this Agreement or the performance of the Services, the AUTHORITY shall have for itself full force and its authorised representatives effect subsequent to and agents the right to obtain immediate access to the Records and/or any sites and/or any premises and/or any personnel described in clauses 32.1, 32.2 and 32.3 above and the CONTRACTOR agrees to render all necessary assistancenotwithstanding such termination, and shall ensure that its CONTRACTOR Personnel render all necessary assistancenot be merged with the termination, until such terms, covenants, provisions and conditions are satisfied or by their nature expire. This Contract shall be governed by and construed in accordance with the laws of the Province of Alberta, and the parties attorn to the conduct jurisdiction of such investigation at all times during the Term or at any time thereafterCourts of the Province of Alberta. For the avoidance of doubt, the CONTRACTOR This Contract shall be repaid its reasonable expenses incurred in giving assistance pursuant to this Clause 32.4 in the event that the result of such investigation reveals no fraudulent activity or other impropriety or Default executed by the CONTRACTOR or any CONTRACTOR Personnel. 32.5 For the purposes of: (A) the examination and certification of the accounts of the AUTHORITY; and/or (B) any examination pursuant to section 6(1) of the National Audit ▇▇▇ ▇▇▇▇ of the economy, efficiency and effectiveness with which the AUTHORITY has used its resources, the Comptroller and Auditor General and/or his representatives (the “C & AG”) shall have the right to examine the Records and all such documents and other information owned, maintained or held byparties, or otherwise their representatives, in the control of, the CONTRACTOR (including computerised records or Data) as the C & AG person with original signatures. Subsequent Contract Documents may reasonably require or consider necessary. The CONTRACTOR shall provide access (and shall procure that any person acting on the CONTRACTOR’s behalf who has such documents and/or other information shall also provide access) to such documents and/or other information for the C & AG for such purposes. Further, the CONTRACTOR shall furnish to the C & AG such oral or written explanations as he requires for such purposes. The C & AG shall bear the costs incurred by himself of such examination and clarification. 32.6 For the avoidance of doubt, it is hereby declared that clause 32.5 does not constitute a requirement or agreement for the examination, certification or inspection of the accounts of the contract be executed by the C & AG under section 6(3)(d) parties, or their representatives, and such execution may be by way of the National Audit ▇▇▇ ▇▇▇▇facsimile or electronic transfer.

Audit Access. ‌ 32.1 The CONTRACTOR (and any person acting on the CONTRACTOR’s behalf) shall keep, or cause to be kept, full and accurate financial and other performance records of all products used and services exclusively performed in connection with this Agreement (all such information herein referred to as the “Records”). The CONTRACTOR shall ensure that Subcontractors during the term hereof in connection with the performance of the Services shall also keep or cause to be kept full and accurate Records and shall grant and allow the same rights of access and accept the same obligations to provide information as are granted, allowed and/or accepted by the CONTRACTOR under this clause 32. 32.2 Except where specifically provided in this clause 32, neither the CONTRACTOR nor its CONTRACTOR Personnel or other representatives shall be entitled to reimbursement by the AUTHORITY for any costs or expenses incurred as a result of compliance with their respective obligations hereunder. 32.3 The CONTRACTOR shall, and shall procure that its Subcontractors shall, grant to the AUTHORITY or its authorised agents or any other Government body (subject, in the case of authorised agents or other Government body (except for such bodies referred to in clause 32.5) to execution of a confidentiality undertaking in favour of the CONTRACTOR on the terms set out in Schedule 25) the right of access at all reasonable times to inspect and take copies from the Records and/or any sites and/or premises and/or personnel connected with the provision of the Services and shall provide all reasonable assistance at all times during the Term (and for eighteen (18) months after the date of termination or expiry, for whatever reason, of this Agreement) for the purposes of allowing the AUTHORITY to obtain such information as is necessary to: (A) fulfil the AUTHORITY’s obligations to supply information for parliamentary, judicial or other administrative purposes; and/or (B) audit the CONTRACTOR’s compliance with its obligations under the Agreement; (C) carry out physical audits of the Assets involved in the delivery of the Services, whether or not they are listed on the Asset Register; and/or (D) audit all activities, security and integrity in connection with the provision of the Services. 32.4 Without prejudice to the foregoing, in the event of an investigation into suspected fraudulent activity, other impropriety or Default by the CONTRACTOR, or any CONTRACTOR Personnel, in connection with this Agreement or the performance of the Services, the AUTHORITY shall have for itself and its authorised representatives and agents the right to obtain immediate access to the Records and/or any sites and/or any premises and/or any personnel described in clauses 32.1, 32.2 and 32.3 above and the CONTRACTOR agrees to render all necessary assistance, and shall ensure that its CONTRACTOR Personnel render all necessary assistance, to the conduct of such investigation at all times during the Term or at any time thereafter. For the avoidance of doubt, the CONTRACTOR shall be repaid its reasonable expenses incurred in giving assistance pursuant to this Clause 32.4 in the event that the result of such investigation reveals no fraudulent activity or other impropriety or Default by the CONTRACTOR or any CONTRACTOR Personnel.Personnel.‌ 32.5 For the purposes of: (A) the examination and certification of the accounts of the AUTHORITY; and/or (B) any examination pursuant to section 6(1) of the National Audit ▇▇▇ ▇▇▇▇ of the economy, efficiency and effectiveness with which the AUTHORITY has used its resources, the Comptroller and Auditor General and/or his representatives (the “C & AG”) shall have the right to examine the Records and all such documents and other information owned, maintained or held by, or otherwise in the control of, the CONTRACTOR (including computerised records or Data) as the C & AG may reasonably require or consider necessary. The CONTRACTOR shall provide access (and shall procure that any person acting on the CONTRACTOR’s behalf who has such documents and/or other information shall also provide access) to such documents and/or other information for the C & AG for such purposes. Further, the CONTRACTOR shall furnish to the C & AG such oral or written explanations as he requires for such purposes. The C & AG shall bear the costs incurred by himself of such examination and clarification. 32.6 For the avoidance of doubt, it is hereby declared that clause 32.5 does not constitute a requirement or agreement for the examination, certification or inspection of the accounts of the contract by the C & AG under section 6(3)(d) of the National Audit ▇▇▇ ▇▇▇▇.