Common use of Audit and Reporting Clause in Contracts

Audit and Reporting. (a) The Operator must and must ensure that its Associates: (i) comply with the Verification Methodology; (ii) have auditable systems in place to record: (A) the number of Containers collected at each Operator RVM and the number of Containers by Material Type; (B) the number of Excluded Containers collected at each Operator RVM; (C) in respect of Advanced Sorting RVMs, the number of Containers sorted at each Operator RVM by Material Type; and (D) the number of Containers transported from each Operator RVM (and in respect of Advanced Sorting RVMs, number of Containers by Material Type) for recycling and processing in accordance with clause 7.6; (iii) (without limiting the requirement for the Operator to comply with all Statutory Requirements) comply with its obligations under the Act or Regulations to keep and maintain statutory declarations prescribed by the Regulations; (iv) provide such information as the Principal reasonably requires, at such times as the Principal reasonably requires, in order for the Principal to comply with its reporting obligations under Statutory Requirements; (v) cooperate with, and provide access to, the Principal (or an Associate of the Principal as notified to the Operator by the Principal from time to time) and the State so as to allow the Principal, its Associate and the State to (upon providing reasonable notice to the Operator) undertake any audit or review of the performance of the Services under this Agreement; (vi) provide the Principal with reports and statutory declarations on collection material data, as specified in the Services Specification, including reports on the items listed in clauses 11.1(a)(ii)(A) to 11.1(a)(ii)(D) (inclusive); (vii) provide the Principal and any auditor engaged by or on behalf of the Principal with all information, documents and access to premises reasonably requested by the Principal or the auditor with respect to the Services and the Operator's obligations under this Agreement; (viii) cooperate with and provide any assistance to any auditor engaged by or on behalf of the Principal for the purposes of undertaking an audit or review of the Services and the Operator's compliance with its obligations under this Agreement; (ix) cooperate with and provide any assistance to any auditor engaged by or on behalf of the Principal for the purposes of undertaking any procedures in accordance with the Verification Methodology; (x) cooperate with and provide any assistance to any auditor engaged by or on behalf of the Principal for the purposes of undertaking an audit or review of the Operator's records, books and other documentation relating to the business where the Principal reasonably suspects a fraud or other anomaly in respect of the Scheme; and (xi) otherwise take all reasonable measures to facilitate the Principal's compliance with its auditing and reporting obligations under all Statutory Requirements. (b) For the purposes of this clause 11.1, an auditor can be a qualified accountant or other authorised investigator.

Audit and Reporting. (a) The Operator must and must ensure that its Associates: (i) comply with the Verification Methodology; (ii) have auditable systems in place to record: (A) the number of Containers collected at each Operator RVM and the number of Containers Refund Point by Material Type; (B) the number of Excluded Containers collected at each Operator RVMRefund Point; (C) in respect of Advanced Sorting RVMs, the number of Containers sorted at each Operator RVM Refund Point by Material Type; and; (D) the number of Containers transported from each Operator RVM (and in respect of Advanced Sorting RVMs, number of Containers Refund Point by Material Type) Type for recycling and processing in accordance with clause 7.6;; and (E) the components of the calculation for the Disability Labour Subsidy in accordance with the Payment Schedule. (iii) (without limiting the requirement for the Operator to comply with all Statutory Requirements) comply with its obligations under the Act or Regulations to keep and maintain statutory declarations prescribed by the Regulations; (iv) provide such information as the Principal reasonably requires, at such times as the Principal reasonably requires, in order for the Principal to comply with its reporting obligations under Statutory Requirements; (v) cooperate with, and provide access to, the Principal (or an Associate of the Principal as notified to the Operator by the Principal from time to time) and the State so as to allow the Principal, its Associate and the State to (upon providing reasonable notice to the Operator) undertake any audit or review of the performance of the Services under this Agreement; (vi) provide the Principal with reports and statutory declarations on collection material data, as specified in the Services Specification, including reports on the items listed in clauses 11.1(a)(ii)(A) to 11.1(a)(ii)(D) (inclusive); (vii) provide the Principal and any auditor engaged by or on behalf of the Principal with all information, documents and access to premises reasonably requested by the Principal or the auditor with respect to the Services and the Operator's obligations under this Agreement; (viii) cooperate with and provide any assistance to any auditor engaged by or on behalf of the Principal for the purposes of undertaking an audit or review of the Services and the Operator's compliance with its obligations under this Agreement; (ix) cooperate with and provide any assistance to any auditor engaged by or on behalf of the Principal for the purposes of undertaking any procedures in accordance with the Verification Methodology; (x) cooperate with and provide any assistance to any auditor engaged by or on behalf of the Principal for the purposes of undertaking an audit or review of the Operator's records, books and other documentation relating to the business where the Principal reasonably suspects a fraud or other anomaly in respect of the Scheme; and (xi) otherwise take all reasonable measures to facilitate the Principal's compliance with its auditing and reporting obligations under all Statutory Requirements. (b) For the purposes of this clause 11.1, an auditor can be a qualified accountant or other authorised investigator.

Audit and Reporting. 34.1 The Supplier shall, and shall procure that its Sub-contractors shall, maintain complete and accurate records of and supporting documentation for all transactions and work and activities both financial and non-financial that result from or are created in the performance of its obligations under this Agreement. 34.2 The Supplier shall, and shall procure that its Sub-contractors shall, make available promptly to MML in accordance with any provision of this Agreement and otherwise promptly on request any information requested by MML, including but not limited to: (a) The Operator must and must ensure that its Associatesany information required by MML for: (i) comply with monitoring the Verification Methodology; (ii) have auditable systems in place to record: (A) the number of Containers collected at each Operator RVM Supplier’s performance of, and the number of Containers by Material Type; (B) the number of Excluded Containers collected at each Operator RVM; (C) in respect of Advanced Sorting RVMs, the number of Containers sorted at each Operator RVM by Material Type; and (D) the number of Containers transported from each Operator RVM (and in respect of Advanced Sorting RVMs, number of Containers by Material Type) for recycling and processing in accordance with clause 7.6; (iii) (without limiting the requirement for the Operator to comply with all Statutory Requirements) comply with its obligations under the Act or Regulations to keep and maintain statutory declarations prescribed compliance by the Regulations; (iv) provide such information as the Principal reasonably requires, at such times as the Principal reasonably requires, in order for the Principal to comply with its reporting obligations under Statutory Requirements; (v) cooperate with, and provide access to, the Principal (or an Associate of the Principal as notified to the Operator by the Principal from time to time) and the State so as to allow the Principal, its Associate and the State to (upon providing reasonable notice to the Operator) undertake any audit or review of the performance of the Services under this Agreement; (vi) provide the Principal with reports and statutory declarations on collection material data, as specified in the Services Specification, including reports on the items listed in clauses 11.1(a)(ii)(A) to 11.1(a)(ii)(D) (inclusive); (vii) provide the Principal and any auditor engaged by or on behalf of the Principal with all information, documents and access to premises reasonably requested by the Principal or the auditor with respect to the Services and the Operator's obligations under this Agreement; (viii) cooperate with and provide any assistance to any auditor engaged by or on behalf of the Principal for the purposes of undertaking an audit or review of the Services and the Operator's compliance Supplier with its obligations under this Agreement; (ii) understanding fully how and on what basis the Goods and/or Services are being provided and/or the Charges are being calculated; (iii) MML accounts; (iv) the fulfilment of MML reporting and other obligations to any governmental, regulatory or other authority; (v) verifying compliance with the business continuity plan referred to in Clause 28 (Business continuity management) in accordance with this Agreement; (vi) investigating or identifying suspected fraud or material accounting mistakes or security breaches; (vii) verifying the Supplier’s compliance with all health and safety obligations; (viii) verifying and inspecting any assets of MML in the Supplier's possession or control (including MML’s IPRs); and (ix) cooperate with and provide any assistance verifying such other issues related to any auditor engaged by or on behalf the provision of the Principal for Goods and/or Services to the purposes legal, regulatory, operational and technical ability of undertaking any procedures the Supplier and/or the Sub-contractors to provide the Goods and/or Services over the Term in accordance with the Verification Methodology;terms of this Agreement, as MML may reasonably require, (xb) cooperate the Supplier's audited accounts together with any relevant internal control reports produced by its auditors. 34.3 The Supplier shall, and shall procure that its Sub-contractors shall, allow on reasonable notice any of MML’s staff and their internal and external auditors access to such information, allow them to copy and remove the copies of it and provide such explanations as may in the opinion of MML be necessary for audit purposes. 34.4 The Supplier shall include audit provisions in any assistance agreement with its Sub-contractors to allow MML to exercise audit rights in relation to such Sub-contractors. 34.5 The Supplier will undertake regular internal audits of its operations and the Supplier's compliance with its policies and procedures and the performance of its obligations in compliance with this Agreement and, where relevant and appropriate, make executive summaries of the results of such audits available to MML. 34.6 Subject to Clause 34.7 each Party will bear its own internal costs and the costs of any third party advisors or auditors used by that Party in relation to any auditor engaged by audit undertaken in accordance with this Clause 34, but the Supplier shall be responsible for the costs of any agreed remedial actions (including any costs associated with demonstrating to the Parties reasonable satisfaction that such remedial action has been taken). 34.7 If MML demonstrates that the Supplier has failed to provide required information, that any information previously made available to MML was to any material degree inaccurate or on behalf incomplete or that the allocation of the Principal for Supplier's resources, overheads or costs was unreasonable in the purposes of undertaking an audit or review of circumstances the Operator's records, books and other documentation relating to Supplier shall: (a) bear the business where the Principal reasonably suspects a fraud or other anomaly reasonable costs incurred by MML in respect of the Schemeexercising its right under Clause 34.3; and (xib) otherwise take all reasonable measures adjust the Charges and/or invoices issued to facilitate MML to correct the Principal's compliance inaccuracies and reimburse MML for any resulting overpayment together with its auditing and reporting obligations under all Statutory Requirementsinterest from the date of overpayment to the date of reimbursement calculated daily at a rate of 1% above Bank of England base rate effective on the date of overpayment. 34.8 The Supplier shall at all times during the duration of the Agreement, the Handover Period and for a period of six years thereafter (bor such other period as may be agreed by the Parties in respect of particular information, materials or statements) For retain safe and secure and make available for inspection at all times by MML all materials, information, statements and papers of all descriptions which may be acquired or produced by the purposes Supplier in the supply of this clause 11.1, an auditor can be a qualified accountant or other authorised investigatorGoods and the performance of the Services.