Department Access and Inspection. The Department and the FHWA, and their respective authorized agents, will have unrestricted access at all times to enter upon, inspect, sample, measure and physically test any part of the Project or the Project Right of Way, as well as any materials, supplies, machinery and equipment to be incorporated into or used in construction, operation or maintenance of the Project. The Department will also have the right, upon reasonable advance written notice (except as provided in Section 18.07(a)) to the Concessionaire, to inspect financial or other records relating to the Project. The Department will provide the Concessionaire with a notice describing results of any such test or inspection, subject to any protections from disclosure under Applicable Law. If at any time the Concessionaire has failed to perform any of its construction, operating or maintenance obligations in any material respect then, in addition to other remedies available pursuant to this Agreement and the other Project Agreements, the Department is entitled to increase the level of its monitoring of the Project and the Concessionaire’s compliance with its construction, operation and maintenance obligations pursuant to this Agreement, until such time as the Concessionaire has demonstrated to the Department’s reasonable satisfaction that it will perform and is capable of performing its construction, operation and maintenance obligations pursuant to this Agreement. The Concessionaire will compensate the Department for all Allocable Costs incurred by the Department as a result of such increased level of monitoring; provided, that if the increased monitoring is due to a delay in achieving Substantial Completion or Final Acceptance, the Concessionaire will compensate the Department for such increased monitoring solely pursuant to Section 8.10.
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