Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:- (a) the Department; (b) the Department’s auditors (whether internal or external); (c) Regulatory Bodies; and/or (d) the Inspectorates. 15.2.2 Such co-operation will include (but not be limited to) the following:- (a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation; (b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment; (c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff); (d) maintaining the confidentiality of the enquiry or investigation when requested to do so; (e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with; (f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors.
Appears in 5 contracts
Samples: Funding Agreement, Conditions of Funding (Grant), Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
Appears in 3 contracts
Samples: Contract for Services, Contract for Services, Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the Provider fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 34 (Minor and Serious Breach).
15.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The Provider will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Sub-Contractors or agents.
15.2.7 The Provider will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 3 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant), Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractorsSub- Contractors.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Conditions of Funding (Grant) (Trusts)
Enquiries, Investigations and Inspections. 15.2.1 The Provider Employer must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Employer and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Employer Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderEmployer's Premises; and to all documentation and information relating to this Agreement to which the Provider Employer has access; and to the ProviderEmployer's agents, employees and sub-contractors.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-6)
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors Subcontractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSubcontractors.
20.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
20.2.4 Where the Provider fails to comply with the additional conditions imposed under Clause 20.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, action under Clause 32 (Withholding, Suspension and Repayment of Funding) and/or termination under Clause 33 (Termination).
20.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
20.2.6 The Provider will, if requested by the Department, co-contractorsoperate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Subcontractors or agents.
20.2.7 The Provider will ensure that the terms of any Subcontract include identical provisions to this Clause 20 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Accountability Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 . Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors. Where the Provider fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 35 (Minor and Serious Breach). The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time. The Provider will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, sub- contractors or agents. The Provider will ensure that the terms of any sub-contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 11 (Specification & Monitoring)), afterwards fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
16.3.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Contractor it may, as a consequence of that investigation or report, require the Contractor to, and the Contractor will, accept and comply with additional Contract obligations and will meet the cost of such investigation.
16.3.4 Where the Contractor fails to comply with the contractual obligations imposed under Clause 16.3.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 39 (Minor and Serious Breach).
16.3.5 The Contractor will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
16.3.6 The Contractor will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Contractor, its employees, Sub-Contractors or agents.
16.3.7 The Contractor will ensure that the terms of any Sub-Contract include identical provisions to this Clause 16 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 2 contracts
Samples: Contract for Services, Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-in
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 The Provider Employer must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Employer and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Employer Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderEmployer's Premises; and to all documentation and information relating to this Agreement to which the Provider Employer has access; and to the ProviderEmployer's agents, employees and subSub-contractorsContractors.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 The Provider College must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider College and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider College Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderCollege's Premises; and to all documentation and information relating to this Agreement to which the Provider College has access; and to the ProviderCollege's agents, employees and subSub-contractorsContractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the College it may, as a consequence of that investigation or report, require the College to, and the College will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the College fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 34 (Minor and Serious Breach).
15.2.5 The College will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The College will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the College, its employees, Sub- Contractors or agents.
15.2.7 The College will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors.
Appears in 2 contracts
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or and / or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider College must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider College and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause Clause
15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider College Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderCollege's Premises; and to all documentation and information relating to this Agreement to which the Provider College has access; and to the ProviderCollege's agents, employees and sub-contractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the College it may, as a consequence of that investigation or report, require the College to, and the College will, accept and comply with additional Contractual obligations and will meet the cost of such investigation.
15.2.4 Where the College fails to comply with the Contractual obligations imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 34 (Minor Breach and Serious Breach).
15.2.5 The College will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The College will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the College, its employees, sub-contractors or agents.
15.2.7 The College will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 and will indemnify the Department against any Losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 The Provider College must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider College and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider College Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderCollege's Premises; and to all documentation and information relating to this Agreement to which the Provider College has access; and to the ProviderCollege's agents, employees and subSub-contractorsContractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the College it may, as a consequence of that investigation or report, require the College to, and the College will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the College fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to terminating the Agreement in accordance with Clause 35 (Termination).
15.2.5 The College will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The College will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the College, its employees, Sub- Contractors or agents.
15.2.7 The College will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 17.3.1 The Provider must Contractor shall and will shall ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Specification (Schedule 11 (Specification & Monitoring)), afterwards at its own cost, fully co-operate cooperate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 17.3.2 Such co-operation will include (but not be limited to) the following:-following: -
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its sub-contractors Sub- Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 17.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend , to the ProviderContractor's Premises; premises, and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has (and/or is required under this Contract to have) access; , and to the ProviderContractor's agents, employees and subSub- Contractors.
17.3.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Contractor it may, as a consequence of that investigation or report, require the Contractor to, and the Contractor will, accept and comply with additional Contract obligations and will meet the cost of such investigation.
17.3.4 Where the Contractor fails to comply with the contractual obligations imposed under Clause 17.3.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to terminating the Contract in accordance with Clause 42 (Termination)
17.3.5 The Contractor will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
17.3.6 The Contractor will, if requested by the Department, co-contractorsoperate with the Department, at the Contractor’s expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Contractor, its employees, Sub- Contractors or agents.
17.3.7 The Contractor will ensure that the terms of any Sub-Contract include identical provisions to this Clause 17 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-inspection
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1One), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-or
(a) the DepartmentAuthority;
(b) the DepartmentAuthority’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or and / or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
15.2.3 Where the Authority has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional contractual obligations and will meet the cost of such investigation.
15.2.4 Where the Provider fails to comply with the contractual obligations imposed under clause 15.2.3, within such time as the Authority deems reasonable, the Authority may take such actions as it deems appropriate which may include, but is not limited to, under Clause 34 (Minor Breach and Serious Breach).
15.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Authority in force from time to time.
15.2.6 The Provider will, if requested by the Authority, co-operate with the Authority, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Authority may become involved, arising from breaches of the Authority’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Sub-Contractors or agents.
15.2.7 The Provider will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 (Relationship) and will indemnify the Authority against any Losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Grant Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the Provider fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 34 (Minor and Serious Breach).
15.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The Provider will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Sub-Contractors or agents.
15.2.7 The Provider will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 19.2.1 The Provider College must and will ensure procure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 12), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 19.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider College and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 19.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider College Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms Terms and conditions Conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderCollege's Premises; and to all documentation and information relating to this Agreement to which the Provider College has access; and to the ProviderCollege's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Accountability Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider Employer must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Employer and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Employer Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderEmployer's Premises; and to all documentation and information relating to this Agreement to which the Provider Employer has access; and to the ProviderEmployer's agents, employees and subSub-contractorsContractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Employer it may, as a consequence of that investigation or report, require the Employer to, and the Employer will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the Employer fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 34 (Minor and Serious Breach).
15.2.5 The Employer will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The Employer will, if requested by the Department, co- operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Employer, its employees, Sub-Contractors or agents.
15.2.7 The Employer will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 19.2.1 The Provider College must and will ensure procure that its sub-contractors Subcontractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-operate
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 19.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider College and/or its sub-contractors Subcontractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 19.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider College Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms Terms and conditions Conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the ProviderCollege's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider College has (and/or is required under this Agreement to have) access; and to the ProviderCollege's agents, employees and subSubcontractors.
19.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the College it may, as a consequence of that
19.2.4 Where the College fails to comply with the additional conditions imposed under Clause 19.2.3 within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, action under Clause 31 (Withholding, Suspension and Repayment of Funding) and/or termination under Clause 32 (Termination).
19.2.5 The College will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
19.2.6 The College will, if requested by the Department, co-contractorsoperate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the College, its employees, Subcontractors or agents.
19.2.7 The College will ensure that the terms of any Subcontract include identical provisions to this Clause 19 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 1 contract
Samples: Accountability Agreement
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-this
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors Subcontractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSubcontractors.
20.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
20.2.4 Where the Provider fails to comply with the additional conditions imposed under Clause 20.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, action under Clause 32 (Withholding, Suspension and Repayment of Funding) and/or termination under Clause 33 (Termination).
20.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
20.2.6 The Provider will, if requested by the Department, co-contractorsoperate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Subcontractors or agents.
20.2.7 The Provider will ensure that the terms of any Subcontract include identical provisions to this Clause 20 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 1 contract
Samples: Accountability Agreement
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its sub-contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its sub-contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and sub-contractors.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-,
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and sub-contractorsSub- Contractors.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-six
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its sub-contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its sub-contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and sub-contractors.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider NMSS must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider NMSS and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider NMSS Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderNMSS's Premises; and to all documentation and information relating to this Agreement to which the Provider NMSS has access; and to the ProviderNMSS's agents, employees and sub-contractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the NMSS it may, as a consequence of that investigation or report, require the NMSS to, and the NMSS will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the NMSS fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, terminating the Agreement in accordance with Clause 36 (Termination).
15.2.5 The NMSS will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The NMSS will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the NMSS, its employees, sub- contractors or agents.
15.2.7 The NMSS will ensure that the terms of any sub-contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider NMSS must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider NMSS and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider NMSS Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the ProviderNMSS's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider NMSS has (and/or is required under this Agreement to have) access; and to the ProviderNMSS's agents, employees and subSub- Contractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the NMSS it may, as a consequence of that investigation or report, require the NMSS to, and the NMSS will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the NMSS fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, terminating the Agreement in accordance with Clause 36 (Termination).
15.2.5 The NMSS will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The NMSS will, if requested by the Department, co-contractorsoperate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the NMSS, its employees, Sub- Contractors or agents.
15.2.7 The NMSS will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 1 contract
Samples: Non Maintained Special Schools (Nmss) Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Accountability Agreement
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Contract Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its sub-contractors Subcontractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend Services to the ProviderContractor's Premisespremises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has (and/or is required under this Contract to have) access; and to the ProviderContractor's agents, employees and subSubcontractors.
16.3.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Contractor it may, as a consequence of that investigation or report, require the Contractor to, and the Contractor will, accept and comply with additional Contract obligations and will meet the cost of such investigation.
16.3.4 Where the Contractor fails to comply with the contractual obligations imposed under Clause 16.3.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to terminating the Contract in accordance with Clause 40 (Termination).
16.3.5 The Contractor will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
16.3.6 The Contractor will, if requested by the Department, co-contractorsoperate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Contractor, its employees, Subcontractors or agents.
16.3.7 The Contractor will ensure that the terms of any Subcontract include identical provisions to this Clause 16 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider Employer must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Employer and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Employer Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderEmployer's Premises; and to all documentation and information relating to this Agreement to which the Provider Employer has access; and to the ProviderEmployer's agents, employees and sub-contractors.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-this
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors Subcontractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and sub-contractorsSubcontractors.
Appears in 1 contract
Samples: Accountability Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional contractual obligations and will meet the cost of such investigation.
15.2.4 Where the Provider fails to comply with the contractual obligations imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 35 (Minor and Serious Breach).
15.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The Provider will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, sub-contractors or agents.
15.2.7 The Provider will ensure that the terms of any sub-contract include identical provisions to this Clause 15 and will indemnify the Department against any Losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause Clause
15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 The Provider NMSS must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider NMSS and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider NMSS Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the ProviderNMSS's Premises; and to all documentation and information relating to this Agreement to which the Provider NMSS has access; and to the ProviderNMSS's agents, employees and sub-contractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the NMSS it may, as a consequence of that investigation or report, require the NMSS to, and the NMSS will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the NMSS fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 35 (Minor and Serious Breach).
15.2.5 The NMSS will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The NMSS will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the NMSS, its employees, sub- contractors or agents.
15.2.7 The NMSS will ensure that the terms of any sub-contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Non Maintained Special Schools (Nmss) Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 11 (Specification & Monitoring)), afterwards fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
16.3.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Contractor it may, as a consequence of that investigation or report, require the Contractor to, and the Contractor will, accept and comply with additional Contract obligations and will meet the cost of such investigation.
16.3.4 Where the Contractor fails to comply with the contractual obligations imposed under Clause 16.3.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to terminating the Contract in accordance with Clause 40 (Termination).
16.3.5 The Contractor will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
16.3.6 The Contractor will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Contractor, its employees, Sub-Contractors or agents.
16.3.7 The Contractor will ensure that the terms of any Sub-Contract include identical provisions to this Clause 16 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors Subcontractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors.(and/or is required under this
Appears in 1 contract
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause Clause
15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractorsSub- Contractors.
Appears in 1 contract
Samples: Education & Skills Agreement
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend Services to the ProviderContractor's Premisespremises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has (and/or is required under this Contract to have) access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its sub-contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-the
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing allow access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors.
Appears in 1 contract
Samples: Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 12), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Accountability Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause Clause
15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSub-contractorsContractors.
15.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
15.2.4 Where the Provider fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to terminating the Agreement in accordance with Clause 36 (Termination).
15.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
15.2.6 The Provider will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Sub- Contractors or agents.
15.2.7 The Provider will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 1 contract
Samples: Education & Skills Agreement
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-inspection
(a) the Department;
(b) the Department’s auditors (whether internal or external);WKH 'HSDUWPHQW¶V DXGLWRUV ZKHWKHU
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors.
Appears in 1 contract
Samples: Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 11 (Specification & Monitoring)), afterwards fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
16.3.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Contractor it may, as a consequence of that investigation or report, require the Contractor to, and the Contractor will, accept and comply with additional Contract obligations and will meet the cost of such investigation.
16.3.4 Where the Contractor fails to comply with the contractual obligations imposed under Clause 16.3.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to terminating the Contract in accordance with Clause 40 (Termination)
16.3.5 The Contractor will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
16.3.6 The Contractor will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Contractor, its employees, Sub-Contractors or agents.
16.3.7 The Contractor will ensure that the terms of any Sub-Contract include identical provisions to this Clause 16 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 The Provider must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 . Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider and/or its subSub-contractors Contractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend to the Provider's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and subSub-contractorsContractors. Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional conditions of funding and will meet the cost of such investigation. Where the Provider fails to comply with the additional conditions imposed under Clause 15.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 35 (Minor and Serious Breach). The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time. The Provider will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Sub- Contractors or agents. The Provider will ensure that the terms of any Sub-Contract include identical provisions to this Clause 15 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Funding Agreement
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors Subcontractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and subSubcontractors.
20.2.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Provider it may, as a consequence of that investigation or report, require the Provider to, and the Provider will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
20.2.4 Where the Provider fails to comply with the additional conditions imposed under Clause 20.2.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, action under Clause 32 (Withholding, Suspension and Repayment of Funding) and/or termination under Clause 33 (Termination).
20.2.5 The Provider will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
20.2.6 The Provider will, if requested by the Department, co-contractorsoperate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Provider, its employees, Subcontractors or agents.
20.2.7 The Provider will ensure that the terms of any Subcontract include identical provisions to this Clause 20 and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical provisions.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Enquiries, Investigations and Inspections. 15.2.1 20.2.1 The Provider must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other Agreement of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 20.2.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premisesPremises, equipment (including IT hardware and software) or other assets used by the Provider and/or its sub-contractors Subcontractors in the performance of this Agreement, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 20.2.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Personnel (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement or the Services. This will extend Services to the Provider's Premisespremises; and to all documentation and information relating to this Agreement to which the Provider has (and/or is required under this Agreement to have) access; and to the Provider's agents, employees and sub-contractorsSubcontractors.
Appears in 1 contract
Samples: Education & Skills Agreement
Enquiries, Investigations and Inspections. 15.2.1 15.3.1 The Provider Contractor must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Contract Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 2 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 15.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;in
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its sub-contractors Subcontractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 15.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend Services to the ProviderContractor's Premisespremises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has (and/or is required under this Contract to have) access; and to the ProviderContractor's agents, employees and sub-contractorsSubcontractors.
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its sub-contractors Subcontractors will at all times during the Agreement Contract Period and for a period of six (6) yearsyears thereafter, or such other time period as stated in the Schedule 1 (Specification (Schedule 1& Monitoring), afterwards at its own cost, fully co-co- operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its sub-contractors Subcontractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to by the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement to which the Provider has access; and to the Provider's agents, employees and sub-contractors.Contract
Appears in 1 contract
Samples: Contract for Services
Enquiries, Investigations and Inspections. 15.2.1 16.3.1 The Provider Contractor must and will ensure that its subSub-contractors Contractors will at all times during the Agreement Contract Period and for a period of six (6) years, or such other time period as stated in the Specification (Schedule 1), afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement Contract or to any other Agreement contract of the Department. Such enquiry, investigation or inspection may be by, inter alia:-
(a) the Department;
(b) the Department’s auditors (whether internal or external);
(c) Regulatory Bodies; and/or
(d) the Inspectorates.
15.2.2 16.3.2 Such co-operation will include (but not be limited to) the following:-
(a) providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, in hard copy format or otherwise) which relate to the subject or Service (in whole or in part) under investigation;
(b) providing access to the premises, equipment (including IT hardware and software) or other assets used by the Provider Contractor and/or its subSub-contractors Contractors in the performance of this AgreementContract, such access to be supervised at all times unless the nature of the investigation requires the parties defined at Clause 15.2.1 16.3.1 to be unsupervised, such parties acting reasonably in making such assessment;
(c) providing access to Provider Contractor Personnel (of whatever seniority) involved in this Agreement Contract (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsmen (including providing suitable facilities for interviewing such staff);
(d) maintaining the confidentiality of the enquiry or investigation when requested to do so;
(e) making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this AgreementContract, the Funding Rules and the Law are being complied with;
(f) at all times and without notice allowing access to the Inspectorates, in connection with any complaint, investigation or inspection relating to this Agreement Contract or the Services. This will extend to the ProviderContractor's Premises; and to all documentation and information relating to this Agreement Contract to which the Provider Contractor has access; and to the ProviderContractor's agents, employees and subSub-contractorsContractors.
16.3.3 Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Contractor it may, as a consequence of that investigation or report, require the Contractor to, and the Contractor will, accept and comply with additional Contract obligations and will meet the cost of such investigation.
16.3.4 Where the Contractor fails to comply with the contractual obligations imposed under Clause 16.3.3, within such time as the Department deems reasonable, the Department may take such actions as it deems appropriate which may include, but is not limited to, under Clause 39 (Minor and Serious Breach).
16.3.5 The Contractor will in performing the Services comply fully with all relevant rules and regulations of the Department in force from time to time.
16.3.6 The Contractor will, if requested by the Department, co-operate with the Department, at its own expense, in connection with any legal proceedings, adjudication, arbitration, court proceedings or ombudsmen enquiries in which the Department may become involved, arising from breaches of the Department’s duties under the Equalities Legislation due to the alleged acts or omissions of the Contractor, its employees, Sub-Contractors or agents.
16.3.7 The Contractor will ensure that the terms of any Sub-Contract include identical provisions to this Clause 16 (Relationships) and will indemnify the Department against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.
Appears in 1 contract
Samples: Contract for Services