Inspection by the Client Sample Clauses
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Inspection by the Client. 12.1 The Client, or an appropriate representative, has the right to check the compliance with all instructions and provisions of this contract and the data protection provisions, provided they are applicable to the contractual data processing, by inspections of the Contractor, including regular reviews, during normal business hours, free of charge. The Contractor undertakes to tolerate corresponding reviews and to support the Client in performing its inspections in accordance with para. (3).
12.2 The Contractor confirms compliance with the security measures described in Appendix 4 by submitting a current certificate of an independent authority (e.g. IT security officer, data protection officer, data protection auditor) according to the sample Appendix 5. This confirmation does not restrict right of inspection according to para. 1.
12.3 The Contractor shall provide the Client with all necessary information for the proof of compliance with the obligations of the Order Processing Agreement and for the fulfilment of existing data protection obligations, including accountability. The Contractor grants the Client all rights of access, information and inspection required for the implementation of the inspection by the Contractor. The Contractor agrees, in particular, to grant the Client access to the data processing facilities and other documents in order to enable the inspection and review of the relevant data processing facilities and other documentation that are related to the collection or use of Client data. In this case, the Client shall appropriately take into consideration the operational procedures and legitimate non-disclosure interests of the Contractor.
12.4 A protocol must be prepared about the inspection and its results.
12.5 In accordance with the applicable data protection regulations, the Client and the Contractor are subject to public inspections by the competent Supervisory Authority. At the request of the Client, the Contractor shall support the Client in the framework of regulatory supervisory procedures to the best of its abilities, if and to the extent that the contractual processing of Client data is the subject matter of the supervisory procedure.
Inspection by the Client. During the term of the relevant PSA, the Service Provider will permit the Client to inspect the Manufacturing Facility (including relevant records and information and where applicable make copies of the same) once per calendar year (or more frequently for cause) to ensure compliance with cGMPs and this Agreement. Such inspection shall occur during normal business hours at times mutually agreeable to the Client and the Service Provider. Client shall ensure that Client personnel will conduct each such inspection so as to cause minimum interference to the normal operation of Service Provider’s facilities. Such inspections may involve the transfer of Confidential Information and shall be subject to the terms of Section 4 below.
Inspection by the Client i. Subject to this Clause 3(d), and to the extent permitted by law, the Administrator shall make available to the Client such information in relation to the Processed Personal Data as the Client reasonably requests and the Administrator is reasonably able to provide.
ii. The Administrator shall further, subject to any relevant and applicable confidentiality obligation, provide the Client with access to any Processed Personal Data relating to the performance of the Services and assist with such audits, including inspections, reasonably requested by (or on behalf of) the Client (and their internal or external auditor (the “Auditor”)) to undertake the verification that the Administrator’s complies with its obligations under this clause 3(d).
iii. The Client shall give the Administrator at least thirty (30) business days’ notice of any intention to conduct a visit or audit under clauses 3(d)(i) and 3(d)(ii) above, unless such visit or audit is conducted in respect of a suspected fraud, in which case a notice of five (5) business days’ shall be required. Further, the Client shall use (and ensure that their Auditors use) its best endeavors to avoid (or minimize) causing any damage, injury or disruption to the Administrator’s premises, equipment, personnel and business while the personnel of the Client, or its Auditors are on the Administrator’s premises in the course of such an audit or inspection. The Administrator has no obligation to give access to its premises for the purposes of an audit or inspection (i) to any individual unless he or she produces reasonable evidence of identity and authority, or (ii) for the purpose of more than one audit or inspection in any calendar year except in case of suspected fraud, or (iii) if by doing so, the Administrator breaches its statutory or regulatory or contractual duties, an order of a competent court or other authority and applicable to the Administrator and/or an Affiliate of the Administrator.
iv. For the avoidance of doubt, clauses 3(d)(i) and 3(d)(ii) shall not require, nor be deemed to require, the Administrator to disclose to the Client and/or its Auditors information of any kind previously disclosed to, or otherwise held in confidence by the Administrator on behalf of any of its other clients or other person in any capacity whatsoever (the “Protected Information”). Consequently, the Administrator may, in its sole discretion, refuse access to the Client and/or its Auditors to any systems (including databases or ...