Common use of RIGHT OF ACCESS AND REVIEW Clause in Contracts

RIGHT OF ACCESS AND REVIEW. A. The Contractor shall, upon reasonable notice during normal business hours and in a manner to avoid any disruption of the work on the premises including performance of other contracts, permit access by the Purchaser or its Quality Assurance (QA) Representatives (other than a competitor of the Contractor or any affiliate of a competitor) to the Contractor's premises where the work will be performed, and will use its best endeavors to secure rights of access to premises of its subcontractors where the work will be performed, having subcontracts or orders in the amount of, or equivalent to U.S. $125,000 or more, in accordance with the Contractor's contractual arrangements with its Subcontractors, and allow the Purchaser or its QA Representative to: 1. audit the Contractor's quality assurance system and its application to the Work and Upgrade Work, including manufacture, development and raw materials and components provision; 2. inspect all parts of the Work and Upgrade Work to the extent reasonably practicable to ensure that their quality meets the Specification. This right of access shall allow for the Purchaser and/or its QA representatives. The Purchaser shall provide the name(s) of each such visitor prior to the visit. The Contractor shall not be responsible for any costs, including travel and accommodation costs, of the Purchaser or its representatives. B. The right of access shall also allow for the Purchaser and/or representatives to be aboard the vessel(s) during installation and the route survey, provided accommodations are available. The Contractor shall not be responsible for any costs of the Purchaser or its representatives, except for living expenses on board the vessel which includes one (1) daily telex or fax, all other travel and accommodation costs for the Purchaser or its QA Representatives shall be for the account of the Purchaser. C. Any right of access shall not be construed as creating any obligation requiring the Contractor or its subcontractors to disclose trade secrets or proprietary information. Further, such right of access may be conditioned on the execution of a confidentiality and non-disclosure agreement and/or subject to routine building or security rules, regulations or procedures. D. Any exercise of any right of the Purchaser under this Contract to inspect, audit, visit or to observe or to review or approve any part of the Work or System Upgrades shall not be construed as limiting any obligation of Contractor hereunder, including without limitation, under Articles 1 and 10 hereof. E. Contractor will have access to the System as necessary to accomplish its responsibilities under this Contract and in order to make repairs and to make System Upgrades. Contractor will provide reasonable notice of its need for access and will take reasonable steps to minimize disruptions to the operation of the System. F. Contractor shall give the Purchaser reasonable prior written notice of each monthly project management review meeting with respect to the status of the construction and/or installation of the System, and Purchaser's representatives shall at their cost be permitted to attend and participate in such meetings.

Appears in 2 contracts

Sources: Project Development and Construction Contract (Global Crossing Holdings LTD), Project Development and Construction Contract (Global Crossing Holdings LTD)