Authority Monitoring. The Authority may elect, at its own cost, to undertake its own performance monitoring at any time during the Contract Period for any purpose including in order to ensure that the Services are being provided in accordance with this Agreement. The Contractor shall use all reasonable endeavours to assist the Authority in such an exercise but without being required to disrupt the proper delivery of the Services in accordance with this Agreement. The Authority may notify the Contractor of the outcome of the performance monitoring exercise, and the Contractor shall have due regard to the Authority’s comments in relation to the future provision of the Services.
Authority Monitoring. The Authority may elect to undertake its own performance monitoring at any stage during the Services Period for any purpose, including in order to ensure that the Services are being provided in accordance with this Agreement. The Contractor will use its reasonable endeavours to assist the Authority in such an exercise. The Authority shall be entitled to notify the Contractor of the outcome of the performance monitoring exercise, and the Contractor shall have due regard to the Authority's comments in relation to the future provision of the Services. Without prejudice to the Authority's rights under clause 41.3 (Termination on Contractor Default) and to any other express rights under this Agreement, where the Contractor has been found to: be fraudulent in the submission of monitoring reports or claims for payment under clause 37 (Payment Provisions); or have submitted at least [two (2)] erroneous monitoring reports, within a [three (3)] month period, the Authority may by notice to the Contractor increase the level of its monitoring of the Contractor, and/or (at the Authority's option), of the Contractor's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Service or Services the subject of such fraudulent or erroneous reporting until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Authority that it will perform (and is capable of performing) its obligations under this Agreement. For the purposes of clause 26.3, the Authority acknowledges that if the Contractor has otherwise failed to have demonstrated to the reasonable satisfaction of the Authority as required by clause 26.3 but: if the Contractor has removed the person or persons responsible for the fraudulent reporting; or (under clause 26.3.2), if in the following [three (3)] month period following the Authority notice (if it has not already been established) there have been no further erroneous reports of any kind, this shall be regarded as sufficient demonstration that the Contractor will perform and is capable of performing its obligations. If the Authority issues a notice under clause 26.3, the Contractor shall bear its own costs and indemnify and keep the Authority indemnified at all times from and against all reasonable costs and expenses incurred by or on behalf of the Authority in relation to such increased level of monitoring arising due to circumstances under clause 26.3.1. SOFT SERVICES Standard of provi...
Authority Monitoring. The Authority may elect, at its own cost, to undertake its own performance monitoring at any stage after the issue of the Readiness Certificate for any purpose, including in order to ensure that the Services are being provided in accordance with this Contract, provided always that in exercising its right pursuant to this Clause 32.2, if the Authority and/or any Authority Related Party enters the Site to perform such monitoring, the Authority and/or any Authority Related Party shall not delay and/or otherwise impede the Contractor in completing the Works and/or providing the Services. The Contractor will use its reasonable endeavours to assist the Authority in such an exercise. The Authority shall be entitled to notify the Contractor of the outcome of the performance monitoring exercise, and the Contractor shall have due regard to the Authority’s comments in relation to the future provision of the Services.
Authority Monitoring. The Authority may elect to undertake its own performance monitoring at any stage during the [Initial Phase] or the Services Period for any purpose, including in order to ensure that the Services are being provided in accordance with this Agreement. The Contractor will use its reasonable endeavours to assist the Authority in such an exercise. The Authority shall be entitled to notify the Contractor of the outcome of the performance monitoring exercise, and the Contractor shall have due regard to the Authority's comments in relation to the future provision of the Services. Without prejudice to the Authority's rights under clause 1.220 (Termination on Contractor Default) and to any other express rights under this Agreement, where the Contractor has been found to:
Authority Monitoring. The Authority may monitor the Project for the purpose of verifying that the activities, invoices and accounting of the Developer are accurate, reasonable and constitute Eligible Activities under this Agreement. The Developer shall provide any authorized representative of the Authority access to or copies of permits, data, reports, testing, or sampling results, invoices or other such documents reasonably necessary for monitoring. The Authority, MDEQ or MSF shall also be given access to the property upon reasonable request in order to review any Eligible Activities or perform any other obligations under this Agreement. Except in the case of an emergency or exigent circumstance, the Authority shall give the Developer at least 24 hours’ notice of requests under this paragraph. Except for the right to monitor the Developer’s compliance with this Agreement, nothing in this Agreement shall be interpreted to give the Authority any right to exercise control over the performance of Eligible Activities or other actions by the Developer.
Authority Monitoring. 6.4.1 The Authorised Officer may introduce random sampling to determine the performance of the Services. The Authority reserves the right to employ its own representatives or agents to undertake such random sampling, and the Contractor shall afford all reasonable access and co-operation for the Authorised Officer, their representatives or agents in this respect.
Authority Monitoring. The Authority may elect, at its own cost, to undertake its own performance monitoring at any time during the Term, for any purpose, including in order to ensure that the Services are being provided in accordance with this Project Agreement. PPP Co. shall assist the Authority in such an exercise. The Authority will be entitled to notify PPP Co. of the outcome of the performance monitoring exercise and PPP Co. shall have due regard to the Authority’s comments, including, in relation to the future provision of the Services.
Authority Monitoring. 4.1 The Authority may, in its absolute discretion and at its own expense, carry out such monitoring and/or audit (including without limitation examining or inspecting works or activities on or off site of:
Authority Monitoring. 5.2.1 The Authority will undertake its own performance monitoring, as set out in Schedule 1 (Specification) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Period for any purpose, including ensuring that the Services are being provided in accordance with this Agreement.
