Common use of Department Monitoring Clause in Contracts

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer of the outcome of the performance monitoring exercise and the Employer must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor and Serious Breach) and 35.1 (Termination) and to any other express rights under this Agreement, where the Employer has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the Employer, increase the level of its monitoring of the Employer, or (at the Department’s option), of the Employer's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer will specify in reasonable detail the additional measures to be taken by the Department or by the Employer (as the case may be) in monitoring the performance of the Employer; (b) if the Employer (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor and Serious Breach) and 35.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.ten

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer College must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer College of the outcome of the performance monitoring exercise and the Employer College must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor and Serious Breach) and 35.1 35.2 (Termination) and to any other express rights under this Agreement, where the Employer College has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerCollege, increase the level of its monitoring of the EmployerCollege, or (at the Department’s option), of the EmployerCollege's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer College must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer College will specify in reasonable detail the additional measures to be taken by the Department or by the Employer College (as the case may be) in monitoring the performance of the EmployerCollege; (b) if the Employer College (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.five

Department Monitoring. 5.2.1 7.2.1 The Department 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 Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor and Serious Breach) and 35.1 40.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Contractor must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerContractor's performance of its obligations under this AgreementContract); (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Employer Contractor has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor and Serious Breach) and 35.1 35.2 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 7.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 40.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer must have Contractor has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerContractor's performance of its obligations under this AgreementContract); (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Employer Contractor has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 36.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 7.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor and Serious Breach) and 35.1 40.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer must have Contractor has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerContractor's performance of its obligations under this AgreementContract); (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Employer Contractor has been exonerated.

Department Monitoring. 5.2.1 The Department 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.Period 5.2.2 The Employer must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 . Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 36.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 (Termination) 36.1 and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 36.2 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the Employer, Provider or (at the Department’s option), ) require the Provider to increase the level of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 12.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 2 (SpecificationSpecification & Monitoring) 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.ensuring‌ 5.2.2 12.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.212. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 12.2.3 The Department reserves the right on reasonable grounds, by notice to the Provider, to increase the level of its monitoring of the Provider until such time as the Provider has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations. 12.2.4 Without prejudice to the Department’s rights under Clauses 34 32 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 33.2 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), ) require the Provider to increase the level of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.five

Department Monitoring. 5.2.1 11.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 2 (SpecificationSpecification & Monitoring) 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.Agreement.‌ 5.2.2 11.2.2 The Employer NMSS must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.211.2. 1. The Department may notify the Employer NMSS of the outcome of the performance monitoring exercise and the Employer NMSS must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 11.2.3 The Department reserves the right on reasonable grounds, by notice to the NMSS, to increase the level of its monitoring of the NMSS until such time as the NMSS has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations. 11.2.4 Without prejudice to the Department’s rights under Clauses 34 35 (Minor Withholding, Suspension, and Serious BreachRepayment of Funding) and 35.1 36.2 (Termination) and to any other express rights under this Agreement, where the Employer NMSS has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Pupil data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerNMSS, increase the level of its monitoring of the Employer, NMSS or (at the Department’s option), ) require the NMSS to increase the level of the EmployerNMSS's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer NMSS must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer NMSS will specify in reasonable detail the additional measures to be taken by the Department or by the Employer NMSS (as the case may be) in monitoring the performance of the EmployerNMSS; (b) if the Employer NMSS (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerNMSS's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer NMSS (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerNMSS's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer NMSS will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2.Clause 15.2.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 36.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 7.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 40 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 42.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), ) require the Contractor to increase the level of the Employer's Contractors monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting reporting, until such time as the Employer must have Contractor has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerContractor's performance of its obligations under this AgreementContract); (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring].

Department Monitoring. 5.2.1 7.2.1 The Department 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 Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 40.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Contractor must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerContractor's performance of its obligations under this AgreementContract); (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Employer Contractor has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 36.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer NMSS must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer NMSS of the outcome of the performance monitoring exercise and the Employer NMSS must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 (Termination) 36.1 and to any other express rights under this Agreement, where the Employer NMSS has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Pupil data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerNMSS, increase the level of its monitoring of the EmployerNMSS, or (at the Department’s option), of the EmployerNMSS's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer NMSS must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer NMSS will specify in reasonable detail the additional measures to be taken by the Department or by the Employer NMSS (as the case may be) in monitoring the performance of the EmployerNMSS; (b) if the Employer NMSS (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerNMSS's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer NMSS (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerNMSS's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer NMSS will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer NMSS has been found to have been fraudulent or to have submitted erroneous reports and the Employer NMSS has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and and 35.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.ten

Department Monitoring. 5.2.1 12.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 2 (SpecificationSpecification & Monitoring) 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.may 5.2.2 12.2.2 The Employer College must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.212. 12.1. The Department may notify the Employer College of the outcome of the performance monitoring exercise and the Employer College must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 12.2.3 The Department reserves the right on reasonable grounds, by notice to the College, to increase the level of its monitoring of the College until such time as the College has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations. 12.2.4 Without prejudice to the Department’s rights under Clauses 34 31 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 32.2 (Termination) and to any other express rights under this Agreement, where the Employer College has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerCollege, increase the level of its monitoring of the EmployerCollege, or (at the Department’s option), of the EmployerCollege's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer College must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer College will specify in reasonable detail the additional measures to be taken by the Department or by the Employer College (as the case may be) in monitoring the performance of the EmployerCollege; (b) if the Employer College (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerCollege's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer College (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerCollege's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer College will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer College has been found to have been fraudulent or to have submitted erroneous reports and the Employer College has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer College must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer College of the outcome of the performance monitoring exercise and the Employer College must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor and Serious Breach) and 35.1 35.2 (Termination) and to any other express rights under this Agreement, where the Employer College has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerCollege, increase the level of its monitoring of the EmployerCollege, or (at the Department’s option), of the EmployerCollege's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer College must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer College will specify in reasonable detail the additional measures to be taken by the Department or by the Employer College (as the case may be) in monitoring the performance of the EmployerCollege; (b) if the Employer College (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerCollege's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer College (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.ten

Department Monitoring. 5.2.1 7.2.1 The Department 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 Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2.Clause 17.2.1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor and Serious Breach) and 35.1 40.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Contractor must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerContractor's performance of its obligations under this AgreementContract); (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Employer Contractor has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2.Clause 15.2.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor and Serious Breach) and 35.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) 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. 5.2.2 The Employer NMSS must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer NMSS of the outcome of the performance monitoring exercise and the Employer NMSS must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor Withholding, Suspension, and Serious BreachRepayment of Funding) and 35.1 36.2 (Termination) and to any other express rights under this Agreement, where the Employer NMSS has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Pupil data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerNMSS, increase the level of its monitoring of the Employer, NMSS or (at the Department’s option), ) require the NMSS to increase the level of the EmployerNMSS's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer NMSS must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer NMSS will specify in reasonable detail the additional measures to be taken by the Department or by the Employer NMSS (as the case may be) in monitoring the performance of the EmployerNMSS; (b) if the Employer NMSS (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerNMSS's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer NMSS (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerNMSS's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer NMSS will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 12.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 2 (SpecificationSpecification & Monitoring) 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.Agreement.‌ 5.2.2 12.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.212. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 12.2.3 The Department reserves the right on reasonable grounds, by notice to the Provider, to increase the level of its monitoring of the 12.2.4 Without prejudice to the Department’s rights under Clauses 34 32 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 33.2 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), ) require the Provider to increase the level of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 . Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 36.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 (Termination) 36.1 and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Pupil data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer of the outcome of the performance monitoring exercise and the Employer must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 (Termination) and to any other express rights under this Agreement, where the Employer has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the Employer, increase the level of its monitoring of the Employer, or (at the Department’s option), of the Employer's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer will specify in reasonable detail the additional measures to be taken by the Department or by the Employer (as the case may be) in monitoring the performance of the Employer; (b) if the Employer (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.

Department Monitoring. 5.2.1 The Department 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.Period 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 (Termination) 36.1 and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 12.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 2 (SpecificationSpecification & Monitoring) 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.Agreement.‌ 5.2.2 12.2.2 The Employer College must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.212. 12.1. The Department may notify the Employer College of the outcome of the performance monitoring exercise and the Employer College must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 12.2.3 The Department reserves the right on reasonable grounds, by notice to the College, to increase the level of its monitoring of the College until such time as the College has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations. 12.2.4 Without prejudice to the Department’s rights under Clauses 34 31 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 32.2 (Termination) and to any other express rights under this Agreement, where the Employer College has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerCollege, increase the level of its monitoring of the EmployerCollege, or (at the Department’s option), ) require the College to increase the level of the EmployerCollege's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer College must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer College will specify in reasonable detail the additional measures to be taken by the Department or by the Employer College (as the case may be) in monitoring the performance of the EmployerCollege; (b) if the Employer College (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerCollege's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer College (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerCollege's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer College will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 7.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this Agreement.Contract.‌ 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 40.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer must have Contractor has demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerContractor's performance of its obligations under this AgreementContract); (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Contractor has been found to have been fraudulent or to have submitted erroneous reports and the Employer Contractor has been exonerated.

Department Monitoring. 5.2.1 7.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 2 (SpecificationSpecification & Monitoring) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this Agreement.Contract.‌ 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 40.2 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the Employer, Contractor or (at the Department’s option), ) require the Contractor to increase the level of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Contractor must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract and, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement);Working (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 7.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 2 (SpecificationSpecification & Monitoring) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this Agreement.Contract.‌ 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 38 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 39.2 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the Employer, Contractor or (at the Department’s option), ) require the Contractor to increase the level of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Contractor must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract and, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement);Working (c) the measures to be taken by the Department and the Employer Contractor (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerContractor's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Contractor will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 The Department 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.Period 5.2.2 The Employer NMSS must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer NMSS of the outcome of the performance monitoring exercise and the Employer NMSS must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor Withholding, Suspension, and Serious BreachRepayment of Funding) and 35.1 (Termination) 36.1 and to any other express rights under this Agreement, where the Employer NMSS has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner Pupil data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerNMSS, increase the level of its monitoring of the EmployerNMSS, or (at the Department’s option), of the EmployerNMSS's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer NMSS must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer NMSS will specify in reasonable detail the additional measures to be taken by the Department or by the Employer NMSS (as the case may be) in monitoring the performance of the EmployerNMSS; (b) if the Employer NMSS (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerNMSS's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer NMSS (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerNMSS's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer NMSS will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer NMSS has been found to have been fraudulent or to have submitted erroneous reports and the Employer NMSS has been exonerated.

Department Monitoring. 5.2.1 7.2.1 The Department 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 Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor and Serious Breach) and 35.1 40.3 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the EmployerContractor, or (at the Department’s option), of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Contractor must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.five

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor and Serious Breach) and 35.1 35.2 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) 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. 5.2.2 The Employer must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2. 1. The Department may notify the Employer of the outcome of the performance monitoring exercise and the Employer must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 35.2 (Termination) and to any other express rights under this Agreement, where the Employer has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the Employer, increase the level of its monitoring of the Employer, Employer or (at the Department’s option), ) require the Employer to increase the level of the Employer's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer will specify in reasonable detail the additional measures to be taken by the Department or by the Employer (as the case may be) in monitoring the performance of the Employer; (b) if the Employer (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exoneratedmonitoring.

Department Monitoring. 5.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 35.2 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the Employer, or (at Provider or(at the Department’s option), ) require the Provider to increase the level of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementAgreement and, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.five

Department Monitoring. 5.2.1 7.2.1 The Department will undertake its own performance monitoring, as set out in Schedule 1 (SpecificationSpecification & Monitoring) and may elect, at its own cost, to undertake further monitoring at any stage during the Agreement Contract Period for any purpose, including ensuring that the Services are being provided in accordance with this AgreementContract. 5.2.2 7.2.2 The Employer Contractor must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.27.2. 1. The Department may notify the Employer Contractor of the outcome of the performance monitoring exercise and the Employer Contractor must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 7.2.3 Without prejudice to the Department’s rights under Clauses 34 39 (Minor Withholding, Suspension and Serious BreachRepayment of Funding) and 35.1 40.2 (Termination) and to any other express rights under this AgreementContract, where the Employer Contractor has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerContractor, increase the level of its monitoring of the Employer, Contractor or (at the Department’s option), ) require the Contractor to increase the level of the EmployerContractor's monitoring of its own performance of its obligations under this Agreement Contract in respect of the relevant Services which are the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Contractor must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this AgreementContract and, in which case, the following provisions will apply: (a) any such notice to the Employer Contractor will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Contractor (as the case may be) in monitoring the performance of the EmployerContractor; (b) if the Employer Contractor (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the Employer's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer has been found to have been fraudulent or to have submitted erroneous reports and the Employer has been exonerated.five

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.2.Xxxxxx 15.2.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 35 (Minor and Serious Breach) and 35.1 36.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the EmployerProvider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the EmployerProvider's objection, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.

Department Monitoring. 5.2.1 The Department 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. 5.2.2 The Employer Provider must use its reasonable endeavours to assist the Department in any performance monitoring exercise under Clause 5.25. 12.1. The Department may notify the Employer Provider of the outcome of the performance monitoring exercise and the Employer Provider must have due regard to the Department’s comments in relation to the future provision of the Department¶V FRPPHQWV LQ UHODisWionLoRf tQhe WR WK Services. 5.2.3 Without prejudice to the Department’s rights under Clauses 34 (Minor Department¶V ULJKWV X3Q5 G(MHinUor &ODXV and Serious Breach) and 35.1 36.1 (Termination) and to any other express rights under this Agreement, where the Employer Provider has been found to be fraudulent or have recklessly submitted erroneous reports, claims and/or learner data, or the Department reasonably believes such reports to be fraudulent or erroneous the Department may, by notice to the EmployerProvider, increase the level of its monitoring of the EmployerProvider, or (at the Department’s option), of the Employer's monitoring Department¶V RSWLRQ P rov ideRr'sI monWitoKrinHg of its own performance of its obligations under this Agreement in respect of the relevant Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Employer Provider must have demonstrated to the reasonable satisfaction of the Department that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions will apply: (a) any such notice to the Employer Provider will specify in reasonable detail the additional measures to be taken by the Department or by the Employer Provider (as the case may be) in monitoring the performance of the EmployerProvider; (b) if the Employer Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it will notify the Department in writing within five (5) Working Days of the receipt of the notice of the measures objected to (and of any Changes necessary in order to prevent prejudice to the EmployerProvider's performance of its obligations under this Agreement); (c) the measures to be taken by the Department and the Employer Provider (as the case may be) will be agreed between the Parties or, in the absence of agreement within ten (10) Working Days of the Department’s receipt of the Employer's objectionDepartment¶V UHFHLSPWro videRr'sI objWecKtioHn, determined pursuant to the Dispute Resolution Procedure; and (d) the Employer Provider will bear its own costs and indemnify and keep the Department indemnified at all times from and against all costs and expenses reasonably and properly incurred by or on behalf of the Department in relation to such increased level of monitoring save where there is no evidence that the Employer Provider has been found to have been fraudulent or to have submitted erroneous reports and the Employer Provider has been exonerated.