Common use of Performance Audit Clause in Contracts

Performance Audit. (a) If FBR reasonably believes that Concessionaire is in breach of its obligations with respect to maintenance work, including: (i) Under applicable provision of Section 16; (ii) under the Project Deliverables; or (iii) in respect of any defects, deficiencies or items of pending work that should have been completed as part of the Works, then FBR may appoint an Independent Consultant, at its own cost, for performance audit, inspection and survey of the Project Facilities to assess whether these facilities have been and are being maintained by Concessionaire in accordance with Concessionaire obligations (the “Performance Audit”). (b) FBR shall notify the Concessionaire in writing at least ten [10] Business Days prior to the date that FBR wishes to cause a Performance Audit to be undertaken. FBR shall, acting in good faith, consider any reasonable request by Concessionaire for the Performance Audit to be performed on an alternative date if such request is made by Concessionaire in writing at least five [5] Business Days prior to the date originally requested by FBR, on the basis that performing the Performance Audit on the date originally requested by FBR would materially prejudice Concessionaire’s ability to provide the Services. (c) When causing any Performance Audit to be undertaken, FBR shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Services. The cost of a Performance Audit shall be borne by FBR. The Concessionaire shall provide FBR, at no additional cost or charge, with any reasonable assistance required by FBR from time to time during the Performance Audit. (d) If a Performance Audit shows that Concessionaire has not performed or is not performing its obligations in any material respect, FBR shall: (i) provide Concessionaire with a written notice of non-compliance; (ii) provide Concessionaire with instructions regarding rectification or Maintenance Work required to be performed by Concessionaire in order for Concessionaire to perform its obligations; and (iii) specify a reasonable period of time within which Concessionaire must perform such rectification or Maintenance Work. (e) If a Performance Audit shows that the Concessionaire has not performed or is not performing its obligations in any material respect, the (i) perform any rectification or Maintenance Work required by FBR within a reasonable period of time specified by FBR; and (ii) pay or reimburse FBR for the costs of the Performance Audit and any administrative costs incurred by FBR in relation to the Performance Audit. (f) Nothing in this Section 16.10.1 shall limit or restrict FBR’s rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense. (g) FBR’s right to cause a Performance Audit to be undertaken may not be exercised more than once every one hundred and eighty (180) Days unless any Performance Audit performed in the preceding twelve (12) month period shows that Concessionaire has not performed or is not performing its obligations in any material respect.

Performance Audit. (a) If FBR reasonably believes that Concessionaire is in breach of its obligations with respect to maintenance work, including: (i) Under applicable provision of Section 16; (ii) under the Project Deliverables; or (iii) in respect of any defects, deficiencies or items of pending work that should have been completed as part of the Works, then FBR may appoint an Independent Consultant, at its own cost, for performance audit, inspection and survey of the Project Facilities to assess whether these facilities have been and are being maintained by Concessionaire in accordance with Concessionaire obligations (the “Performance Audit”).Concessionaire (b) FBR shall notify the Concessionaire in writing at least ten [10] Business Days prior to the date that FBR wishes to cause a Performance Audit to be undertaken. FBR shall, acting in good faith, consider any reasonable request by Concessionaire for the Performance Audit to be performed on an alternative date if such request is made by Concessionaire in writing at least five [5] Business Days prior to the date originally requested by FBR, on the basis that performing the Performance Audit on the date originally requested by FBR would materially prejudice Concessionaire’s ability to provide the Services. (c) When causing any Performance Audit to be undertaken, FBR shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Services. The cost of a Performance Audit shall be borne by FBR. The Concessionaire shall provide FBR, at no additional cost or charge, with any reasonable assistance required by FBR from time to time during the Performance Audit. (d) If a Performance Audit shows that Concessionaire has not performed or is not performing its obligations in any material respect, FBR shall: (i) provide Concessionaire with a written notice of non-compliance; (ii) provide Concessionaire with instructions regarding rectification or Maintenance Work required to be performed by Concessionaire in order for Concessionaire to perform its obligations; and (iii) specify a reasonable period of time within which Concessionaire must perform such rectification or Maintenance Work. (e) If a Performance Audit shows that the Concessionaire has not performed or is not performing its obligations in any material respect, thethe Concessionaire shall: (i) perform any rectification or Maintenance Work required by FBR within a reasonable period of time specified by FBR; and (ii) pay or reimburse FBR for the costs of the Performance Audit and any administrative costs incurred by FBR in relation to the Performance Audit. (f) Nothing in this Section 16.10.1 shall limit or restrict FBR’s rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense. (g) FBR’s right to cause a Performance Audit to be undertaken may not be exercised more than once every one hundred and eighty (180) Days unless any Performance Audit performed in the preceding twelve (12) month period shows that Concessionaire has not performed or is not performing its obligations in any material respect.performing

Performance Audit. (a) If FBR reasonably believes that Concessionaire is in breach of its obligations with respect to maintenance work, including: (i) Under applicable provision of Section 16; (ii) under the Project Deliverables; or (iii) in respect of any defects, deficiencies or items of pending work that should have been completed as part of the Works, then FBR may appoint an Independent Consultant, at its own cost, for performance audit, inspection and survey of the Project Facilities to assess whether these facilities have been and are being maintained by Concessionaire in accordance with Concessionaire obligations (the “Performance Audit”). (b) FBR shall notify the Concessionaire in writing at least ten [10] Business Days prior to the date that FBR wishes to cause a Performance Audit to be undertaken. FBR shall, acting in good faith, consider any reasonable request by Concessionaire for the Performance Audit to be performed on an alternative date if such request is made by Concessionaire in writing at least five [5] Business Days prior to the date originally requested by FBR, on the basis that performing the Performance Audit on the date originally requested by FBR would materially prejudice Concessionaire’s ability to provide the Services. (c) When causing any Performance Audit to be undertaken, FBR shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Services. The cost of a Performance Audit shall be borne by FBR. The Concessionaire shall provide FBR, at no additional cost or charge, with any reasonable assistance required by FBR from time to time during the Performance Audit. (d) If a Performance Audit shows that Concessionaire has not performed or is not performing its obligations in any material respect, FBR shall: (i) provide Concessionaire with a written notice of non-compliance; (ii) provide Concessionaire with instructions regarding rectification or Maintenance Work required to be performed by Concessionaire in order for Concessionaire to perform its obligations; and (iii) specify a reasonable period of time within which Concessionaire must perform such rectification or Maintenance Work. (e) If a Performance Audit shows that the Concessionaire has not performed or is not performing its obligations in any material respect, thethe Concessionaire shall: (i) perform any rectification or Maintenance Work required by FBR within a reasonable period of time specified by FBR; and (ii) pay or reimburse FBR for the costs of the Performance Audit and any administrative costs incurred by FBR in relation to the Performance Audit. (f) Nothing in this Section 16.10.1 shall limit or restrict FBR’s rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense. (g) FBR’s right to cause a Performance Audit to be undertaken may not be exercised more than once every one hundred and eighty (180) Days unless any Performance Audit performed in the preceding twelve (12) month period shows that Concessionaire has not performed or is not performing its obligations in any material respect.