Common use of Audits and access Clause in Contracts

Audits and access. (a) During the term of this agreement, and for 7 years after the expiry or termination of this agreement, the Department or its nominee may: (1) conduct audits relevant to the performance of the Recipient’s or Project Company’s obligations under this agreement and in respect of the Pre-investment Activity; and (2) upon giving the Recipient or Project Company (as applicable) reasonable notice, access the Recipient’s or the Project Company’s premises, require the provision of records and information, and inspect and copy any documentation or records reasonably necessary for that purpose. (b) The Recipient must retain and must ensure that the Project Company does retain all relevant records relating to the Pre-investment Activity for at least 7 years after the expiry or termination of this agreement. (c) The Recipient must provide all reasonable assistance and must ensure that the Project Company does provide all reasonable assistance to the Department and its nominee (if any) for such audit or access. (d) In carrying out an audit, the Department will, and will procure that any nominee, use reasonable endeavours to minimise any disruption to the activities contemplated in this agreement caused by any audit or access, and will comply with the Recipient’s or the Project Company’s reasonable workplace policies. (e) Where an audit under this clause 17.2 identifies, in the Department’s opinion, that the Recipient or the Project Company is in breach of this agreement, then the Department may recover from the Recipient the costs incurred in conducting that audit. The Recipient acknowledges and accepts that it is not permitted to use Funds to meet any such costs.