Common use of Books, Records and Inspections; Accounting and Auditing Matters Clause in Contracts

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper records and books of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s relationship with the Credit Parties and the Borrower’s Accountant and, in accordance with Section 609.10(f)(1) of the Applicable Loan Guarantee Requirements, for facilitating the effective and accurate audit and performance evaluation of the Project pursuant to the Applicable Loan Guarantee Requirements and Program Requirements; (b) Each set of Financial Statements the Borrower delivers shall be prepared in accordance with GAAP consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000; (c) The Borrower (i) shall consult with, and respond to questions from, the Credit Parties regarding the Project upon their request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee Requirements, shall permit officers and designated representatives of DOE to visit and inspect the Project Facility and any other facilities and properties of the Borrower, (iii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee Requirements, shall provide to officers and designated representatives of DOE and the Comptroller General access to any pertinent books, documents, papers and records of the Borrower for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iv) shall afford proper facilities for such inspection, shall make copies (at Borrower’s expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (v) shall require each Major Project Participant to make available to the Credit Parties, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant makes available to Borrower or to the Operator. (d) The Borrower shall upon the request of any Credit Party authorize the Borrower’s Accountant to communicate directly with the Credit Parties, the Comptroller General and the Independent Consultants and their representatives at any time regarding the Borrower’s accounts and operations; (e) In the event that the Borrower’s Accountant should cease to be the accountants of the Borrower for any reason, the Borrower shall appoint and maintain as the Borrower’s Accountant another firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by the Loan Servicer; provided, however, that any of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLP, if appointed by the Borrower as the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and (f) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for five years after the Advance was made with respect to such expenditure.

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper complete and accurate books and records of its transactions in accordance with good accounting practices on the basis of Accounting Requirements (including the establishment and books maintenance of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s relationship appropriate reserves). In accordance with the Credit Parties Applicable Regulations, the Borrower shall keep such books and records concerning the Borrower and the Borrower’s Accountant and, in accordance with Section 609.10(f)(1) of the Applicable Loan Guarantee Requirements, for facilitating the Undivided Interest as are necessary to facilitate an effective and accurate audit and performance evaluation of the Project pursuant to Borrower and the Applicable Loan Guarantee Requirements and Program Requirements;Borrower’s Undivided Interest. (b) Each set of Financial Statements of the Borrower delivers delivered hereunder shall be prepared in accordance with GAAP Accounting Requirements consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000;Borrower. (c) The Borrower shall consult with and cooperate with DOE with regards to DOE’s monitoring of the Borrower, the Borrower’s Undivided Interest and the Project and audit, examination and inspection of the books and records of the Borrower, the Borrower’s Undivided Interest and the Project as provided in the Applicable Regulations, and in furtherance thereof (i) shall consult with, and respond to questions from, the Credit Parties regarding the Project upon their request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee Requirements, shall permit officers and designated representatives of DOE DOE, its agents, the Comptroller General and the Independent Consultants to visit and inspect the Project Facility and any other ancillary facilities upon reasonable notice and properties at reasonable times during normal business hours, subject to the rules and regulations of the BorrowerNRC and to the reasonable direction of senior plant management, (iiiii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee Requirements, shall provide to officers and designated representatives of DOE and DOE, its agents, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower, including those with respect to the Borrower’s Undivided Interest and, to the extent in the possession of the Borrower or reasonably obtainable by the Borrower , with respect to the Project, for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the Project and the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iviii) shall afford proper facilities for such inspection, inspection and shall make copies (at the Borrower’s expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (viv) shall require each Major Project Participant the Owners’ Agent and the Operator to make available to the Credit PartiesDOE, its agents, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant the Owners’ Agent or the Operator makes available to Borrower or the Owners; provided that the Owners’ Agent and the Operator shall not be required to disclose the information in such books and records to the extent the Owners’ Agent or the Operator, as applicable, is prohibited from doing so by Governmental Rule. (d) The Borrower shall upon the request of any Credit Party authorize the Borrower’s Accountant to communicate directly with the Credit Parties, the Comptroller General and the Independent Consultants and their representatives at any time regarding the Borrower’s accounts and operations; (e) In the event that the Borrower’s Accountant should cease to be the accountants of the Borrower for any reason, the Borrower shall appoint and maintain as the Borrower’s Accountant another a firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by the Loan Servicer; provided, however, that any accountants of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLPrecognized national or, if appointed by Borrower first complies with Section 7.10 (Notice to DOE; Objection of DOE), regional standing in the Borrower U.S. as accountants for the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and. (fe) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for until the later of (x) the date that is five (5) years after the Advance was made with respect to such expenditureexpenditure and (y) Commercial Operation of the Second Unit. (f) The Borrower shall, upon the request of DOE, (i) exercise its right pursuant to Section 5.6 (Management Audit; Access to Records) of the Ownership Agreement to conduct management audits of Owners’ Agent’s performance in respect of the Project or (ii) exercise its right pursuant to Section 7.8 (Cost Audits) of the Ownership Agreement to conduct audits of costs charged to and paid by the Borrower pursuant to the Ownership Agreement, provided that the references to the Sections of the Ownership Agreement contained in this Section 6.2(f) refer to such sections without regard to any amendments thereto (other than any amendment not prohibited under Section 7.7(c) (

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper complete and accurate books and records of its transactions in accordance with good accounting practices on the basis of Accounting Requirements (including the establishment and books maintenance of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s relationship appropriate reserves). In accordance with the Credit Parties Applicable Regulations, the Borrower shall keep such books and records concerning the Borrower and the Borrower’s Accountant and, in accordance with Section 609.10(f)(1) of the Applicable Loan Guarantee Requirements, for facilitating the Undivided Interest as are necessary to facilitate an effective and accurate audit and performance evaluation of the Project pursuant to Borrower and the Applicable Loan Guarantee Requirements and Program Requirements;Borrower’s Undivided Interest. (b) Each set of Financial Statements of the Borrower delivers delivered hereunder shall be prepared in accordance with GAAP Accounting Requirements consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000;Borrower. (c) The Borrower shall consult with and cooperate with DOE with regards to DOE’s monitoring of the Borrower, the Borrower’s Undivided Interest and the Project and audit, examination and inspection of the books and records of the Borrower, the Borrower’s Undivided Interest and the Project as provided in the Applicable Regulations, and in furtherance thereof (i) shall consult with, and respond to questions from, the Credit Parties regarding the Project upon their request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee Requirements, shall permit officers and designated representatives of DOE DOE, its agents, the Comptroller General and the Independent Consultants to visit and inspect the Project Facility and any other ancillary facilities upon reasonable notice and properties at reasonable times during normal business hours, subject to the rules and regulations of the BorrowerNRC and to the reasonable direction of senior plant management, (iiiii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee Requirements, shall provide to officers and designated representatives of DOE and DOE, its agents, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower, including those with respect to the Borrower’s Undivided Interest and, to the extent in the possession of the Borrower or reasonably obtainable by the Borrower, with respect to the Project, for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the Project and the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iviii) shall afford proper facilities for such inspection, inspection and shall make copies (at the Borrower’s expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (viv) shall require each Major Project Participant the Owners’ Agent and the Operator to make available to the Credit PartiesDOE, its agents, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant the Owners’ Agent or the Operator makes available to Borrower or the Owners; provided that the Owners’ Agent and the Operator shall not be required to disclose the information in such books and records to the extent the Owners’ Agent or the Operator, as applicable, is prohibited from doing so by Governmental Rule. (d) The Borrower shall upon the request of any Credit Party authorize the Borrower’s Accountant to communicate directly with the Credit Parties, the Comptroller General and the Independent Consultants and their representatives at any time regarding the Borrower’s accounts and operations; (e) In the event that the Borrower’s Accountant should cease to be the accountants of the Borrower for any reason, the Borrower shall appoint and maintain as the Borrower’s Accountant another a firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by the Loan Servicer; provided, however, that any accountants of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLPrecognized national or, if appointed by the Borrower first complies with Section 7.10 (Notice to DOE; Objection of DOE), regional standing in the U.S. as accountants for the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and. (fe) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for until the later of (x) the date that is five (5) years after the Advance was made with respect to such expenditureexpenditure and (y) Commercial Operation of the Second Unit. (f) The Borrower shall, upon the request of DOE, (i) exercise its right pursuant to Section 5.6 (Management Audit; Access to Records) of the Ownership Agreement to conduct management audits of Owners’ Agent’s performance in respect of the Project or (ii) exercise its right pursuant to Section 7.8 (Cost Audits) of the Ownership Agreement to conduct audits of costs charged to and paid by the Borrower pursuant to the Ownership Agreement, provided that the references to the Sections of the Ownership Agreement contained in this Section 6.2(f) refer to such sections without regard to any amendments thereto (other than any amendment not prohibited under Section 7.7(c) (

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper records and books of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer Credit Parties for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s relationship with the Credit Parties and the Borrower’s Accountant and, in accordance with Section 609.10(f)(1) of the Applicable Loan Guarantee RequirementsRegulations, for facilitating the effective and accurate audit and performance evaluation of the Project pursuant to the Applicable Loan Guarantee Requirements Regulations and Program Requirements; (b) Each set of Financial Statements the Borrower delivers shall be prepared in accordance with GAAP consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000Borrower; (c) The Borrower (i) shall consult with, and respond to questions from, cooperate with the Credit Parties regarding the Project upon their request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee RequirementsRegulations, shall permit officers and designated representatives of DOE the Credit Parties, the Comptroller General and the Independent Consultants to visit and inspect the Project Facility and any other facilities and properties of the Borrower, (iii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee RequirementsRegulations, shall provide to officers and designated representatives of DOE and the Credit Parties, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iv) shall afford proper facilities for such inspection, shall make copies (at Borrower’s expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (v) shall require each Major Project Participant to make available to the Credit Parties, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant makes available to Borrower or to the Operator. (d) The Borrower shall upon the request of any Credit Party authorize the Borrower’s Accountant to communicate directly with the Credit Parties, the Comptroller General and the Independent Consultants and their representatives at any time regarding the Borrower’s accounts and operations; (e) In the event that the Borrower’s Accountant should cease to be the accountants of the Borrower for any reason, the Borrower shall appoint and maintain as the Borrower’s Accountant another firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by the Loan Servicer; provided, however, that any of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLP, if appointed by the Borrower as the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and (f) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for five years after the Advance was made with respect to such expenditure.

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper records and books of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s 's relationship with the Credit Parties DOE and the Borrower’s 's Accountant and, in accordance with Section 609.10(f)(1) of the Applicable Loan Guarantee Requirements, for facilitating the effective and accurate audit and performance evaluation of the Project pursuant to the Applicable Loan Guarantee Requirements and Program Requirements;. (b) Each set of Financial Statements the Borrower delivers shall be prepared in accordance with GAAP consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000;Borrower. (c) The Borrower (i) shall consult with, and respond to questions from, cooperate with the Credit Parties Loan Servicer and the Collateral Agent regarding the Project upon their the Loan Servicer's or the Collateral Agent's request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee Requirements, shall permit officers and designated representatives of DOE the Loan Servicer, its agents, the Comptroller General and the Independent Consultants to visit and inspect the Project Facility and any other facilities and properties of the BorrowerBorrower upon reasonable notice and at reasonable times during normal business hours, (iii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee Requirements, shall provide to officers and designated representatives of DOE and the Loan Servicer, its agents, including the Collateral Agent, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iv) shall afford proper facilities for such inspection, shall make copies (at the Borrower’s 's expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology Technology and proprietary rights Intellectual Property Rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (v) shall require each Major Project Participant to make available to the Credit PartiesLoan Servicer, its agents, including the Collateral Agent, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant makes available to Borrower or to the OperatorBorrower. (d) The Borrower shall upon the request of any Credit Party the Loan Servicer, authorize the Borrower’s 's Accountant to communicate directly with the Credit PartiesLoan Servicer, the Collateral Agent, the Comptroller General and the Independent Consultants and their representatives at any time regarding any of the Borrower’s 's accounts and operations;. (e) In the event that the Borrower’s 's Accountant should cease to be the accountants of the Borrower for any reason, the Borrower shall appoint and maintain as the Borrower’s 's Accountant another firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by the Loan Servicer; provided, however, that any of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLP, if appointed by the Borrower as the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and. (f) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for five years after the Advance was made with respect to such expenditure.

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper complete and accurate books and records and books of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s relationship with the Credit Parties and the Borrower’s Accountant and, transactions in accordance with Section 609.10(f)(1) accounting practices on the basis of GAAP (including the Applicable Loan Guarantee Requirements, for facilitating establishment and maintenance of appropriate reserves). The Borrower shall keep such books and records concerning the Project as are necessary to facilitate an effective and accurate audit and performance evaluation of the Borrower, the Borrower’s Undivided Interest and the Project pursuant to as required in Section 609.17 of the Applicable Loan Guarantee Requirements and Program Requirements;Regulations. (b) Each set of Financial Statements of the Borrower delivers delivered hereunder shall be prepared in accordance with GAAP consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000;Borrower. (c) The Borrower shall consult with and cooperate with DOE with regards to DOE’s monitoring of the Borrower, the Borrower’s Undivided Interest and the Project and audit, examination and inspection of the books and records of the Borrower, the Borrower’s Undivided Interest and the Project as provided in the Applicable Regulations, and in furtherance thereof (i) shall consult with, and respond to questions from, the Credit Parties regarding the Project upon their request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee Requirements, shall permit officers and designated representatives of DOE DOE, its agents, the Comptroller General and the Independent Consultants to visit and inspect the Project Facility and any other ancillary facilities upon reasonable notice and properties at reasonable times during normal business hours, subject to the rules and regulations of the BorrowerNRC and to the reasonable direction of senior plant management, (iiiii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee Requirements, shall provide to officers and designated representatives of DOE and DOE, its agents, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower including those with respect to the Project, to the extent in the possession of the Borrower or reasonably obtainable by the Borrower, for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the Project and the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iviii) shall afford proper facilities for such inspection, inspection and shall make copies (at the Borrower’s expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (viv) shall require each Major Project Participant the Operator to make available to the Credit PartiesDOE, its agents, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant the Operator makes available to Borrower or the Owners; provided that the Operator shall not be required to disclose the information in such books and records to the Operatorextent it is prohibited from doing so by Governmental Rule. (d) The Borrower shall upon the request of any Credit Party authorize the Borrower’s Accountant to communicate directly with the Credit Parties, the Comptroller General and the Independent Consultants and their representatives If at any time regarding the Borrower’s accounts and operations; (e) In Borrower is no longer subject to the event that the Borrower’s Accountant should cease to be the accountants periodic reporting requirements of the Borrower for any reasonExchange Act, the Borrower shall appoint and maintain as the Borrower’s Accountant another a firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by accountants of recognized standing in the Loan Servicer; provided, however, that any of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLP, if appointed by the Borrower U.S. as accountants for the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and. (fe) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for until the later of (x) the date that is five (5) years after the Advance was made with respect to such expenditureexpenditure and (y) Commercial Operation of the Second Unit. (f) The Borrower shall, upon the request of DOE, (i) exercise its right pursuant to Section 5.6 (Management Audit; Access to Records) of the Ownership Agreement to conduct management audits of Owners’ Agent’s performance in respect of the Project or (ii) exercise its right pursuant to Section 7.8 (Cost Audits) of the Ownership Agreement to conduct audits of costs charged to and paid by the Borrower pursuant to the Ownership Agreement, provided that the references to the Sections of the Ownership Agreement contained in this Section 6.2(f) refer to such sections without regard to any amendments thereto after the date of this Agreement.

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper complete and accurate books and records and books of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s relationship with the Credit Parties and the Borrower’s Accountant and, transactions in accordance with Section 609.10(f)(1) accounting practices on the basis of GAAP (including the Applicable Loan Guarantee Requirements, for facilitating establishment and maintenance of appropriate reserves). The Borrower shall keep such books and records concerning the Project as are necessary to facilitate an effective and accurate audit and performance evaluation of the Borrower, the Borrower's Undivided Interest and the Project pursuant to as required in Section 609.17 of the Applicable Loan Guarantee Requirements and Program Requirements;Regulations. (b) Each set of Financial Statements of the Borrower delivers delivered hereunder shall be prepared in accordance with GAAP consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000;Borrower. (c) The Borrower shall consult with and cooperate with DOE with regards to DOE's monitoring of the Borrower, the Borrower's Undivided Interest and the Project and audit, examination and inspection of the books and records of the Borrower, the Borrower's Undivided Interest and the Project as provided in the Applicable Regulations, and in furtherance thereof (i) shall consult with, and respond to questions from, the Credit Parties regarding the Project upon their request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee Requirements, shall permit officers and designated representatives of DOE DOE, its agents, the Comptroller General and the Independent Consultants to visit and inspect the Project Facility and any other ancillary facilities upon reasonable notice and properties at reasonable times during normal business hours, subject to the rules and regulations of the BorrowerNRC and to the reasonable direction of senior plant management, (iiiii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee Requirements, shall provide to officers and designated representatives of DOE and DOE, its agents, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower including those with respect to the Project, to the extent in the possession of the Borrower or reasonably obtainable by the Borrower, for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the Project and the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iviii) shall afford proper facilities for such inspection, inspection and shall make copies (at the Borrower’s 's expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (viv) shall require each Major Project Participant the Operator to make available to the Credit PartiesDOE, its agents, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant the Operator makes available to Borrower or the Owners; provided that the Operator shall not be required to disclose the information in such books and records to the Operatorextent it is prohibited from doing so by Governmental Rule. (d) The Borrower shall upon the request of any Credit Party authorize the Borrower’s Accountant to communicate directly with the Credit Parties, the Comptroller General and the Independent Consultants and their representatives If at any time regarding the Borrower’s accounts and operations; (e) In Borrower is no longer subject to the event that the Borrower’s Accountant should cease to be the accountants periodic reporting requirements of the Borrower for any reasonExchange Act, the Borrower shall appoint and maintain as the Borrower’s Accountant another a firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by accountants of recognized standing in the Loan Servicer; provided, however, that any of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLP, if appointed by the Borrower U.S. as accountants for the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and. (fe) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for until the later of (x) the date that is five (5) years after the Advance was made with respect to such expenditureexpenditure and (y) Commercial Operation of the Second Unit. (f) The Borrower shall, upon the request of DOE, (i) exercise its right pursuant to Section 5.6 (Management Audit; Access to Records) of the Ownership Agreement to conduct management audits of Owners' Agent's performance in respect of the Project or (ii) exercise its right pursuant to Section 7.8 (Cost Audits) of the Ownership Agreement to conduct audits of costs charged to and paid by the Borrower pursuant to the Ownership Agreement, provided that the references to the Sections of the Ownership Agreement contained in this Section 6.2(f) refer to such sections without regard to any amendments thereto after the date of this Agreement.

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall keep proper records and books of account, maintain adequate management information and cost control systems, and make arrangements reasonably satisfactory to the Loan Servicer Credit Parties for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, for overseeing the Borrower’s relationship with the Credit Parties and the Borrower’s Accountant and, in accordance with Section 609.10(f)(1) of the Applicable Loan Guarantee RequirementsRegulations, for facilitating the effective and accurate audit and performance evaluation of the Project pursuant to the Applicable Loan Guarantee Requirements Regulations and Program Requirements; (b) Each set of Financial Statements the Borrower delivers shall be prepared in accordance with GAAP consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000Borrower; (c) The Borrower (i) shall consult with, and respond to questions from, cooperate with the Credit Parties regarding the Project upon their request, (ii) in accordance with Section 609.10(d)(18) of the Applicable Loan Guarantee RequirementsRegulations, shall permit officers and designated representatives of DOE the Credit Parties and the Independent Consultants to visit and inspect at all reasonable times the Project Facility and any other facilities and properties of the Borrower, (iii) in accordance with Section 609.10(f)(2609.10(0(2) of the Applicable Loan Guarantee RequirementsRegulations, shall provide to officers and designated representatives of DOE and the Credit Parties, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iv) shall afford proper facilities for such inspection, shall make copies (at Borrower’s expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, and all other matters with respect to the Project, and (v) shall require exercise reasonable efforts to cause each Major Project Participant to make available to the Credit Parties, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant makes available to Borrower or to the Project Operator. (d) The Borrower shall upon the request of any Credit Party authorize the Borrower’s Accountant to communicate directly with the Credit Parties, the Comptroller General and the Independent Consultants and their representatives at any time regarding the Borrower’s accounts and operations; (e) In the event that the Borrower’s Accountant should cease to be the accountants of the Borrower for any reason, the Borrower shall appoint and maintain as the Borrower’s Accountant another firm of independent public accountants, which firm shall be nationally recognized, and shall be recognized or otherwise approved by the Loan Servicer; provided, however, that any of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLP, if appointed by the Borrower as the Borrower’s Accountant, shall not require the approval of the Loan ServicerDOE; and (f) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for five (5) years after the Advance was made with respect to such expenditure.

Books, Records and Inspections; Accounting and Auditing Matters. (a) The Borrower shall (i) keep proper records and books of accountaccount in which full, true and correct entries in accordance with GAAP and all Applicable Laws are made in respect of all dealing and transactions relating to the business and activities of the Borrower, and (ii) maintain adequate management information and cost control systems, systems and make arrangements reasonably satisfactory to the Loan Servicer DOE (A) for overseeing the financial operations of the Borrower, including its cash management, accounting and financial reporting, (B) for overseeing the Borrower’s relationship with the Credit Parties DOE and the Borrower’s Accountant and, in accordance with Section 609.10(f)(1and (C) of the Applicable Loan Guarantee Requirements, for facilitating the effective and accurate audit and performance evaluation of the Project pursuant to the Applicable Loan Guarantee Requirements Regulations and Program Requirements; (b) Each set of Financial Statements the Borrower delivers shall be prepared in accordance with GAAP consistently applied except to the extent that there have been any changes to such accounting principles or the application thereof noted in such Financial Statements and all financial records of the Borrower shall be maintained at the principal executive office of the Borrower located at 00 Xxxxxxxxx Xxxx, Xxxxxxxxx, XX 00000Borrower; (c) The Borrower shall (i) shall consult with, and respond to questions from, the Credit Parties cooperate with DOE regarding the Project upon their DOE’s request, (ii) upon reasonable notice (to be given not more than once in accordance with Section 609.10(d)(18) any calendar quarter unless an Event of the Applicable Loan Guarantee RequirementsDefault or potential Event of Default has occurred and is continuing, in which case such frequency limitation shall not apply), permit officers and designated representatives of DOE DOE, its agents, the Comptroller General and the Independent Consultants to visit and inspect the Project Facility and any other facilities and properties Properties of the BorrowerBorrower (provided that at all times during such visit and inspection, each such visiting Person will comply with all site safety rules disclosed by the Borrower or its representative), (iii) in accordance with Section 609.10(f)(2) of the Applicable Loan Guarantee Requirementsupon reasonable notice, shall provide to officers and designated representatives of DOE and DOE, its agents, the Comptroller General and the Independent Consultants access to any pertinent books, documents, papers and records of the Borrower for the purpose of audit, examination, inspection and monitoring upon reasonable notice and at reasonable times during normal business hours, to examine and discuss the affairs, finances and accounts of the Borrower with the representatives of the Borrower, (iv) shall afford proper facilities for such inspection, shall make copies (at the Borrower’s expense) of any records that are subject to such inspection, shall make available all information related to the Project, including all patents, technology and proprietary rights owned or controlled by the Borrower and utilized in the construction, startup or operation of the Project, as may be reasonably necessary in order to determine the technical progress, soundness of financial condition, management stability, compliance with environmental requirements, adequacy of health and safety conditions, conditions and all other matters with respect to the Project, Project and (v) shall require exercise commercially reasonable efforts to cause each Major Project Participant to make available to the Credit PartiesDOE, its agents, the Comptroller General and the Independent Consultants the same rights of inspection and access to its books and records that such Major Project Participant makes available to Borrower or to the Operator.Borrower; (d) The Borrower shall upon the request of any Credit Party authorize DOE, with reasonable advance notice, make the Borrower’s Accountant available to communicate directly with the Credit PartiesDOE, the Comptroller General and the Independent Consultants and their representatives at any reasonable time regarding any of the Borrower’s accounts and operations; (e) In the event that the Borrower’s Accountant should cease to be the accountants accountant of the Borrower for any reason, the Borrower shall appoint and maintain as the Borrower’s Accountant another firm of independent public accountants, which firm shall be nationally recognized, and shall be approved by the Loan Servicer; provided, however, that any of Deloitte & Touche LLP, Ernst & Young LLP, KPMG LLP and PricewaterhouseCoopers LLP, if appointed by the Borrower as the Borrower’s Accountant, shall not require the approval of the Loan Servicer; and (f) The Borrower shall retain all records relating to expenditures with respect to which Advances were made for five (5) years after the Advance was made with respect to such expenditure.