Department Access and Inspection. The Department and its duly authorized agents and the Independent Engineer shall 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 shall also have the right, upon reasonable advance written notice to the Concessionaire, to inspect financial or other records relating to the Project. 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 under this Agreement (including Section 11.06(a) and Articles 20 and 21) 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 under 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 under this Agreement. The Concessionaire shall compensate the Department for all Allocable Costs incurred by the Department as a result of such increased level of monitoring.
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