Evidence and Audits Sample Clauses

Evidence and Audits. 11.1. Service Provider shall provide Customer, at the latter’s request, with all information required and available to Service Provider to prove compliance with its obligations under this DPA. 11.2. Customer shall be entitled to audit Service Provider with regard to compliance with the provisions of this DPA, in particular the implementation of the technical and organizational measures, including inspections on Customer behalf by a certified independent third-party professional. 11.3. In order to carry out inspections in accordance with section 11.2 of this DPA, the Customer is entitled to access the business premises of Service Provider in which Customer Personal Data is processed within the usual business hours (Mondays to Fridays from 10 a.m. to 4 p.m. local time) after timely advance notification in accordance with section 11.5 of this DPA at its own expense, without disruption of the course of business and under strict secrecy by means of written commitment of Service Provider’s business and trade secrets. 11.4. Service Provider is entitled, at its own discretion and taking into account the legal obligations of Customer, not to disclose information which is sensitive with regard to Service Provider’s business or if Service Provider would be in breach of statutory or other contractual provisions as a result of its disclosure. Customer is not entitled to get access to data or information about Service Provider’s other customers, cost information, quality control and contract management reports, or any other confidential data of Service Provider that is not directly relevant for the agreed audit purposes. 11.5. Customer shall inform Service Provider in good time (usually at least thirty (30) calendar days in advance) of all circumstances in relation to the performance of the audit. Customer may carry out only one audit per calendar year against reimbursement of the costs. 11.6. If Customer commissions a third party to carry out the audit, Customer shall obligate the third party in writing the same way, as Customer is obliged vis-à-vis Service Provider according to this section 11 of this DPA. In addition, Customer shall obligate in writing the third party to maintain secrecy and confidentiality, unless the third party is subject to a professional obligation of secrecy. At the request of Service Provider, Customer shall immediately submit to Service Provider the commitment agreements with the third party. Customer may not commission any of Service Provide...
Sample 1Sample 2Sample 3See All (8)
AutoNDA by SimpleDocs
Evidence and Audits. 11.1 The Processor shall provide the Customer, at the Customer’s request, with all information required and available to the Processor to prove compliance with its obligations under this Agreement. 11.2 The Customer shall be entitled to audit (including inspections) the Processor with regard to compliance with the provisions of this Agreement, in particular the implementation of the technical and organisational measures. 11.3 In order to carry out inspections in accordance with Sec. 11.2., the Customer is entitled to access the business premises of the Processor in which Customer Data is processed within the usual business hours (Mondays to Fridays from 10 am to 6 pm) after timely advance notification in accordance with Sec. 11.5 at its own expense, without disruption of the course of business and under strict secrecy of the Processor’s business and trade secrets. 11.4 The Processor is entitled, at its own discretion and taking into account the Customer’s legal obligations, not to disclose information which is sensitive with regard to the Processor’s business or if the Processor would be in breach of statutory or other contractual provisions as a result of its disclosure. The Customer is not entitled to get access to data or information about the Processor’s other customers, cost information, quality control and contract management reports, or any other confidential data of the Processor that is not directly relevant for the agreed audit purposes. 11.5 The Customer shall inform the Processor in good time (usually at least two weeks in advance) of all circumstances in relation to the performance of the audit. The Customer may carry out not more than one audit per calendar year. 11.6 If the Customer commissions a third party to carry out the audit, the Customer shall obligate the third party in writing in the same way as the Customer is obliged vis-à-vis the Processor according to this Sec. 11. In addition, the Customer shall by way of written agreement obligate the third party to maintain secrecy and confidentiality unless the third party is subject to a professional obligation of secrecy. At the request of the Processor, the Customer shall immediately submit to the Processor the commitment and confidentiality agreements with the third party. The Customer may not commission any of the Processor’s competitors to carry out the audit. 11.7 At the discretion of the Processor, proof of compliance with the obligations under this Agreement may be provided, instead...
Sample 1Sample 2
Evidence and Audits. 11.1. The Processor shall provide the Controller, at the latter´s request, with all information required and available to the Processor to prove compliance with his obligations under this DPA. 11.2. The Controller shall be entitled to audit the Processor with regard to compliance with the provisions of this DPA, in particular the implementation of the technical and organizational measures; including by means of on-site inspections. 11.3. In order to carry out inspections in accordance with Section 11.2., the Controller is entitled to access the business premises of the Processor in which Customer Data is processed within the usual business hours (Mondays to Fridays from 10 a.m. to 6 p.m. local time) after timely advance notification in accordance with Section 11.5 at his own expense, without disruption of the course of business and under strict secrecy of the Processor´s business and trade secrets. 11.4. The Processor is entitled, at his own discretion and taking into account the legal obligations of the Controller, not to disclose information which is sensitive with regard to the Processor´s business or if the Processor would be in breach of statutory or other contractual provisions as a result of its disclosure. The Controller is not entitled to get access to data or information about the Processor´s other customers, cost information, quality control and contract management reports, or any other confident ial data of the Processor that is not directly relevant for the agreed audit purposes. 11.5. If reasonable, the Controller shall inform the Processor in good time (usually at least two weeks in advance) of all circumstances in relation to the performance of the audit. The Controller may carry out one audit per calendar year. Further audits are carried out against reimbursement of the costs and after consultation with the Processor, unless the audit has been expressly instructed by the competent supervisory authority or if the audit is required due to a data breach. 11.6. If the Controller commissions a third party to carry out the audit, the Controller shall obligate the third party in writing the same way as the Controller is obliged vis-à-vis the Processor according to this Section 11 of this DPA. In addition, the Controller shall obligate the third party to maintain secrecy and confidentiality, unless the third party is subject to a professional obligation of secrecy. At the request of the Processor, the Controller shall immediately submit to him the...
Sample 1
Evidence and Audits. On request, akirolabs will provide the Customer with all relevant information needed to docu- ment compliance with the obligations established under the GDPR/FADP and this DPA. For auditing purposes, the Customer or an auditor appointed by the Customer may verify com- pliance with the obligations established under this DPA, especially the compliance with the agreed technical and organisational measures, on akirolabs’s business premises during usual business hours without interrupting the course of business. The principle of proportionality must be observed during such an audit and akirolabs’s legitimate interests (especially relating to con- fidentiality) must be appropriately safeguarded. The audit must be announced at least 2 weeks in advance. akirolabs is under no obligation to tolerate or cooperate with the audit if it is carried out without such advance notice, unless the Customer proves good cause for not complying with the obligation to provide advance notice or the obligation to comply with the lead time. The Cus- tomer will bear all costs of such audits. Any compulsory statutory auditing rights of the Customer or the Customer’s supervisory author- ities are unaffected. If the presentation of evidence or reports or the performance of an audit shows that xxxxxxxxx has failed to comply with obligations under this DPA or to the required standard, akirolabs must take suitable measures to remedy the defects without delay and at own cost.
Sample 1
Evidence and Audits a. The Processor shall ensure and regularly monitor that the processing of Controller Data is consistent with this Addendum, including the extent of the processing of Controller Data as specified in Annex 1 and with the instructions of the Controller. b. The Controller is entitled to appropriate auditing of the Processor by himself or through a commissioned auditor with regard to compliance with the provisions of this Addendum, in particular the implementation of the technical and organizational measures as defined in Annex 2 prior to the start of the processing of Controller Data and regularly during the term of the Main Agreement. The Processor shall enable such audits and contribute to such audits by taking all appropriate and reasonable measures, including: • the granting of the necessary access and access rights, and • the provision of all necessary information. c. The Controller shall ensure that the inspection measures are taken only to a reasonable extend and do not affect the operation of the Processor more than necessary.
Sample 1

Related to Evidence and Audits

  • Checks and Audits The parties of the agreement undertake to provide any detailed information requested by the European Commission, the National Agency of [country] or by any other outside body authorised by the European Commission or the National Agency of [country] to check that the mobility period and the provisions of the agreement are being properly implemented.

  • INSPECTION AND AUDIT The CONTRACTOR shall maintain, and the LEA shall have the right to examine and audit all of the books, records, documents, accounting procedures and practices and other evidence that reflect all costs claimed to have been incurred or fees claimed to have been earned under this Agreement. CONTRACTOR shall provide access to LEA to all records including, but not limited to: student records as defined by California Education Code section 49061(b); registers and roll books of teachers; daily service logs and notes or other documents used to record the provision of related services; Medi-Cal/daily service logs and notes used to record provision of services provided by instructional assistants, behavior intervention aides, bus aides, and supervisors; absence verification records (parent/doctor notes, telephone logs, and related documents); bus rosters; staff lists specifying credentials held, business licenses held, documents evidencing other qualifications, social security numbers, dates of hire, and dates of termination; staff time sheets; non-paid staff and volunteer sign-in sheets; transportation and other related service subcontracts; school calendars; bell/class schedules when applicable; liability and worker’s compensation insurance policies; state NPS/A certifications; by-laws; lists of current board of directors/trustees, if incorporated; other documents evidencing financial expenditures; federal/state payroll quarterly reports Form 941/DE3DP; and bank statements and canceled checks or facsimile thereof. Such access shall include unannounced inspections by XXX. CONTRACTOR shall make available to LEA all budgetary information including operating budgets submitted by CONTRACTOR to LEA for the relevant contract period being audited. CONTRACTOR shall make all records available at the office of LEA or CONTRACTOR’s offices (to be specified by XXX) at all reasonable times and without charge. All records shall be provided to LEA within five (5) working days of a written request from XXX. CONTRACTOR shall, at no cost to LEA, provide assistance for such examination or audit. XXX’s rights under this section shall also include access to CONTRACTOR’s offices for purposes of interviewing CONTRACTOR’s employees. If any document or evidence is stored in an electronic form, a hard copy shall be made available to the LEA, unless the LEA agrees to the use of the electronic format. CONTRACTOR shall obtain from its subcontractors and suppliers written agreements to the requirements of this section and shall provide a copy of such agreements to LEA upon request by XXX. If an inspection, review, or audit by XXX, a state agency, a federal agency, and/or an independent agency/firm determines that CONTRACTOR owes LEA monies as a result of CONTRACTOR’s over billing or failure to perform, in whole or in part, any of its obligations under this Master Contract, LEA shall provide to CONTRACTOR written notice demanding payment from CONTRACTOR and specifying the basis or bases for such demand. Unless CONTRACTOR and XXX otherwise agree in writing, CONTRACTOR shall pay to LEA the full amount owed as result of CONTRACTOR’s over billing and/or failure to perform, in whole or in part, any of its obligations under this Master Contract, as determined by an inspection, review, or audit by XXX, a state agency, a federal agency, and/or an independent agency/firm. CONTRACTOR shall make such payment to LEA within thirty (30) days of receipt of XXX’s written notice demanding payment.

  • Certifications and Audits Company shall promptly complete and return to BNYM any certifications which BNYM in its sole discretion may from time to time send to Company, certifying that Company is using the Licensed System in strict compliance with the terms and conditions set forth in this Agreement. BNYM may, at its expense and after giving reasonable advance written notice to Company, enter Company locations during normal business hours and audit Company’s utilization of the Licensed System, the number of copies of the Documentation in Company’s possession, and the scope of use and information pertaining to Company’s compliance with the provisions of this Agreement. The foregoing right may be exercised directly by BNYM or by delegation to an independent auditor acting on its behalf. If BNYM discovers that there is any unauthorized scope of use or that Company is not in compliance with the aforementioned provisions, Company shall reimburse BNYM for the full costs incurred in conducting the audit.

  • INSPECTIONS AND AUDITS 30 A. ADMINISTRATOR, any authorized representative of COUNTY, any authorized representative 31 of the State of California, the Secretary of the United States Department of Health and Human Services, 32 the Comptroller General of the United States, or any other of their authorized representatives, shall have 33 access to any books, documents, and records, including but not limited to, financial statements, general 34 ledgers, relevant accounting systems, medical and client records, of CONTRACTOR that are directly 35 pertinent to this Agreement, for the purpose of responding to a beneficiary complaint or conducting an 36 audit, review, evaluation, or examination, or making transcripts during the periods of retention set forth 37 in the Records Management and Maintenance Paragraph of this Agreement. Such persons may at all 1 reasonable times inspect or otherwise evaluate the services provided pursuant to this Agreement, and the 2 premises in which they are provided. 3 B. CONTRACTOR shall actively participate and cooperate with any person specified in 4 Subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this 5 Agreement, and shall provide the above–mentioned persons adequate office space to conduct such 6 evaluation or monitoring. 7 C. AUDIT RESPONSE 8 1. Following an audit report, in the event of non–compliance with applicable laws and 9 regulations governing funds provided through this Agreement, COUNTY may terminate this Agreement 10 as provided for in the Termination Paragraph or direct CONTRACTOR to immediately implement 11 appropriate corrective action. A plan of corrective action shall be submitted to ADMINISTRATOR in 12 writing within thirty (30) calendar days after receiving notice from ADMINISTRATOR. 13 2. If the audit reveals that money is payable from one party to the other, that is, reimbursement 14 by CONTRACTOR to COUNTY, or payment of sums due from COUNTY to CONTRACTOR, said 15 funds shall be due and payable from one party to the other within sixty (60) calendar days of receipt of 16 the audit results. If reimbursement is due from CONTRACTOR to COUNTY, and such reimbursement 17 is not received within said sixty (60) calendar days, COUNTY may, in addition to any other remedies 18 provided by law, reduce any amount owed CONTRACTOR by an amount not to exceed the 19 reimbursement due COUNTY. 20 D. CONTRACTOR shall retain a licensed certified public accountant, who will prepare an annual 21 Single Audit as required by 31 USC 7501 – 7507, as well as its implementing regulations under 2 CFR 22 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 23 Awards. CONTRACTOR shall forward the Single Audit to ADMINISTRATOR within fourteen (14) 24 calendar days of receipt. 25 E. CONTRACTOR shall forward to ADMINISTRATOR a copy of any audit report within 26 fourteen (14) calendar days of receipt. Such audit shall include, but not be limited to, management, 27 financial, programmatic or any other type of audit of CONTRACTOR’s operations, whether or not the 28 cost of such operation or audit is reimbursed in whole or in part through this Agreement. 29

  • Records and Audits The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this Contract.

  • Inspection and Audit Rights The Master Servicer agrees that, on reasonable prior notice, it will permit and will cause each Subservicer to permit any representative of the Depositor or the Trustee during the Master Servicer's normal business hours, to examine all the books of account, records, reports and other papers of the Master Servicer relating to the Mortgage Loans, to make copies and extracts therefrom, to cause such books to be audited by independent certified public accountants selected by the Depositor or the Trustee and to discuss its affairs, finances and accounts relating to the Mortgage Loans with its officers, employees and independent public accountants (and by this provision the Master Servicer hereby authorizes said accountants to discuss with such representative such affairs, finances and accounts), all at such reasonable times and as often as may be reasonably requested. Any out-of-pocket expense incident to the exercise by the Depositor or the Trustee of any right under this Section 10.09 shall be borne by the party requesting such inspection; all other such expenses shall be borne by the Master Servicer or the related Subservicer.

  • RETENTION AND AUDIT OF RECORDS CONTRACTOR shall retain records pertinent to this Agreement for a period of not less than five (5) years after final payment under this Agreement or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Xxxx County Auditor-Controller, the Auditor General of the State of California, or the designee of either for a period of five (5) years after final payment under this Agreement.

  • Records and Audit A. Concessionaire shall maintain complete, accurate, and detailed accounting records of all transactions pertaining to the Concession Operation covered by this Agreement that will enable Concessionaire to prepare financial statements in accordance with generally accepted accounting principles. Concessionaire shall make such records available to any authorized representative of Department upon request, as often as it is deemed necessary by Department, to determine the effectiveness of the financial management system and internal procedures that have been established by Concessionaire, and to ensure compliance with the terms and conditions of this Agreement and that the financial statements and reports present fairly the results of Concessionaire's operations pursuant to this Agreement. Failure to do so shall be a material breach of this Agreement. Said records shall be maintained and made available to Department and the State of New Jersey for a period of seven (7) years after the termination or expiration of this Agreement. B. Concessionaire shall utilize a cash register as part of the Concession Operation. Concessionaire may request Department approval to also or alternatively utilize a Point of Service (POS) device. If approved in writing by Department, Concessionaire may then utilize a POS device as part of the Concession Operation. Any use of a POS device as part of the Concession Operation without the required prior Department-written approval shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the Terms and Conditions set forth in Paragraphs 9 and 10. C. All sales shall be recorded by means of cash registers or Department-approved POS devices that publicly display the amount of each sale and automatically issue a customer receipt or certify the amount recorded on a sales slip. Said cash registers or Department-approved POS devices shall, in all cases, have locked-in sales totals and transactions counters that constantly accumulate and that cannot, in either case, be reset. In addition, such cash registers must have a tape located within the register upon which transaction numbers and sales details are imprinted. Beginning and ending cash register or Department-approved POS device readings shall be recorded on a daily basis. In the event of technical or electrical failure of the cash register or Department-approved POS device, Concessionaire shall record all transactions by hand and issue a sequentially pre-numbered customer receipt in like manner. Failure to have a working cash register or Department-approved POS device shall be a material breach of this Agreement subject to immediate Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 9 and 10. Each cash register or Department-approved POS device must have the following: ● Dual Tape/Readable tape/or Electronic Report that records individual sales, total sales, and can generate a receipt (customer must be offered a paper or electronic receipt upon request) ● Customer Display ● Continuous grand total Each cash register must have the following: • Cumulative “Z” counter • Current printed date on detail tape

  • Inspection and Audit of Records Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

  • Cooperation with Respect to Examinations and Audits Transfer Agent shall provide assistance to and cooperate with the Fund with respect to any federal or state government-directed examinations and with the Fund’s internal or external auditors in connection with any Fund-directed audits. For purposes of such examinations and audits, at the request of the Fund, the Transfer Agent will use all reasonable efforts to make available, during normal business hours of the Transfer Agent’s facilities, all records and Policies solely as they directly pertain to the Transfer Agent’s activities under or pursuant to this Agreement. Such audits and examinations shall be conducted at the Fund’s expense and in a manner that will not interfere with the Transfer Agent’s normal and customary conduct of its business activities. To the extent practicable, the Fund shall make every effort to coordinate Fund-directed audits so as to minimize the inconvenience to the Transfer Agent and, except as otherwise agreed by the parties, no more frequently than once a year. In connection with any Fund-directed audit, the Fund shall not physically access the Transfer Agent’s systems and shall not conduct any testing on such systems. With respect to Fund-directed audits, the Transfer Agent shall provide such assistance in accordance with reasonable procedures and at reasonable frequencies, and the Fund shall provide reasonable advance notice of not less than three (3) business days to the Transfer Agent of such audits, and to the extent possible, of such examinations. The Transfer Agent may require any persons seeking access to its facilities to provide reasonable evidence of their authority. With respect to Fund-directed audits, the Transfer Agent may require such persons to execute a confidentiality agreement before granting access. On an annual basis, the Transfer Agent will provide the Fund with copies of its SOC 1 report.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!