Common use of RECORD RETENTION AND ACCESS TO RECORDS Clause in Contracts

RECORD RETENTION AND ACCESS TO RECORDS. Provided SUBRECIPIENT is given reasonable advance written notice and such inspection is made during normal business hours of SUBRECIPIENT, the Government Accountability Office, MDEQ, the State or any duly authorized representatives shall have unimpeded, prompt access to any of SUBRECIPIENT’s books, documents, papers, and other records which are maintained or produced as a result of the Project for the purpose of making audits, investigations, examinations, excerpts, transcriptions, and copies of such documents. This right also includes timely and reasonable access to the SUBRECIPIENT’s personnel for the purpose of interview and discussion related to such documents. All records related to this Agreement shall be retained by SUBRECIPIENT for a minimum of ten (10) years after final payment is made under this Agreement and all pending matters are closed; however, if any audit, litigation or other action arising out of or related in any way to this Project is commenced before the end of the ten (10) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the ten (10) year period, whichever is later. SUBRECIPIENT is not required to retain the above-mentioned records for the ten-year period prescribed in this Article and Article 39 only if all of the following conditions are satisfied: A. SUBRECIPIENT has provided all of the documents described above and in the “Right to Audit” provision to MDEQ prior to the expiration of the ten (10) year retention period and a certification stating the same is simultaneously provided in writing to MDEQ; B. No audit, litigation or other action arising out of or related in any way to this Project is commenced before SUBRECIPIENT provides the records and corresponding certification to MDEQ, in which case, SUBRECIPIENT shall retain the records until all issues arising out of the action are finally resolved; and C. SUBRECIPIENT provides MDEQ a minimum of thirty (30) days written notice before providing the above-mentioned records and corresponding certification.

RECORD RETENTION AND ACCESS TO RECORDS. The DFA reserves the right to audit all records maintained by the HWM Vendor and/or its affiliates relative to the HWM Vendor’s performance under this Contract. At least forty-eight (48) hours’ notice by the DFA will be given to the HWM Vendor of the intent to audit. The DFA shall have the right to perform financial, performance, and other special audits on such records maintained by the HWM Vendor during regular business hours throughout the Contract period. Provided SUBRECIPIENT HWM Vendor is given reasonable advance written notice and such inspection is made during normal business hours of SUBRECIPIENTthe HWM Vendor, the Government Accountability Office, MDEQ, HWM Vendor agrees that the State DFA or any of its duly authorized representatives shall have unimpeded, prompt access to any of SUBRECIPIENTHWM Vendor’s books, documents, papers, and other and/or records which are maintained or produced as a result of the Project project for the purpose of making audits, investigations, examinations, excerpts, and transcriptions, and copies of such documents. This right also includes timely and reasonable access to the SUBRECIPIENT’s personnel for the purpose of interview and discussion related to such documents. All financial records related to this Agreement Contract shall be retained kept by SUBRECIPIENT the HWM Vendor for a minimum period of ten three (103) years after final payment is made under this Agreement Contract and all pending matters are closed; however, if any audit, litigation or other action arising out of or related in any way to this Project project is commenced before the end of the ten three (103) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the ten three (103) year period, whichever is later. SUBRECIPIENT It is not required to understood and agreed that all claims-related records shall be maintained electronically until such time as the DFA and HWM Vendor agree that they are no longer needed. HWM Vendor shall maintain such financial records and other records as may be prescribed by DFA or by applicable federal and state laws, rules, and regulations. HWM Vendor shall retain the above-mentioned these records for a period of three years after final payment, or until they are audited by DFA, whichever event occurs first. These records shall be made available for inspection during regular business hours and with reasonable advance notice during the tenterm of the contract and the subsequent three-year period prescribed in this Article for examination, transcription, and Article 39 only if all of audit by the following conditions are satisfied: A. SUBRECIPIENT has provided all of the documents described above and in the “Right to Audit” provision to MDEQ prior to the expiration of the ten (10) year retention period and a certification stating the same is simultaneously provided in writing to MDEQ; B. No auditMississippi State Auditor’s Office, litigation its designees, or other action arising out authorized bodies. DFA, the Mississippi Department of Audit, DHHS, CMS, OIG, the General Accounting Office (GAO), or related any other auditing agency prior-approved by DFA, or their authorized representative shall, at all reasonable times, have the right to enter onto the HWM Vendor’s premises, or such other places where duties under this contract are being performed, to inspect, monitor, or otherwise evaluate (including periodic systems testing) the work being performed. The HWM Vendor shall provide access to all facilities and assistance for DFA and Mississippi Audit Department representatives. All inspections and evaluations shall be performed in any way such a manner as to this Project is commenced before SUBRECIPIENT provides not delay work. Refusal by the records HWM Vendor to allow access to all documents, papers, letters or other materials, shall constitute a breach of contract. All audits performed by persons other than DFA staff shall be coordinated through DFA and corresponding certification to MDEQ, in which case, SUBRECIPIENT shall retain the records until all issues arising out of the action are finally resolved; and C. SUBRECIPIENT provides MDEQ a minimum of thirty (30) days written notice before providing the above-mentioned records and corresponding certificationits staff.

RECORD RETENTION AND ACCESS TO RECORDS. Provided SUBRECIPIENT SUB-RECIPIENT is given reasonable advance written notice and such inspection is made during normal business hours of SUBRECIPIENT, the Government Accountability OfficeSUB-RECIPIENT, MDEQ, the State or any duly authorized representatives shall have unimpeded, prompt access to any of SUBRECIPIENTSUB-RECIPIENT’s books, documents, papers, and other records which are maintained or produced as a result of the Project for the purpose of making audits, investigations, examinations, excerpts, transcriptions, and copies of such documents. This right also includes timely and reasonable access to the SUBRECIPIENTSUB-RECIPIENT’s personnel for the purpose of interview and discussion related to such documents. All records related to this Agreement shall be retained by SUBRECIPIENT SUB-RECIPIENT for a minimum of ten (10) years after final payment is made under this Agreement and all pending matters are closed; however, if any audit, litigation or other action arising out of or related in any way to this Project is commenced before the end of the ten (10) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the ten (10) year period, whichever is later. SUBRECIPIENT SUB-RECIPIENT is not required to retain the above-mentioned records for the ten-ten- year period prescribed in this Article Section and Article 39 the “Right to Audit” provision only if all of the following conditions are satisfied: A. SUBRECIPIENT has provided all of the documents described above and in the “Right to Audit” provision to MDEQ prior to the expiration of the ten (10) year retention period and a certification stating the same is simultaneously provided in writing to MDEQ; B. No audit, litigation or other action arising out of or related in any way to this Project is commenced before SUBRECIPIENT provides the records and corresponding certification to MDEQ, in which case, SUBRECIPIENT shall retain the records until all issues arising out of the action are finally resolved; and C. SUBRECIPIENT provides MDEQ a minimum of thirty (30) days written notice before providing the above-mentioned records and corresponding certification.

RECORD RETENTION AND ACCESS TO RECORDS. Provided SUBRECIPIENT is given reasonable advance written notice and such inspection is made during normal business hours of SUBRECIPIENT, the Government Accountability Office, MDEQ, the State or any duly authorized representatives shall have unimpeded, prompt access to any of SUBRECIPIENT’s 's books, documents, papers, and other records which are maintained or produced as a result of the ofthe Project for the purpose of making ofmaking audits, investigations, examinations, excerpts, transcriptions, and copies of such documents. This right also includes timely and reasonable access to the SUBRECIPIENT’s 's personnel for the purpose of interview ofinterview and discussion related to such documents. All records related to this Agreement shall be retained by SUBRECIPIENT for a minimum of ten (10) years after final payment is made under this Agreement and all pending matters are closed; however, if any audit, litigation or other action arising out of or related in any way to this Project is commenced before the end of the ten (10) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the ten (10) year period, whichever is later. SUBRECIPIENT is not required to retain the above-mentioned records for the ten-year period prescribed in this Article and Article 39 only if all of the following conditions are satisfied: A. SUBRECIPIENT has provided all of the documents described above and in the “"Right to Audit” " provision to MDEQ prior to the expiration of the ten (10) year retention period and a certification stating the same is simultaneously provided in writing to MDEQtoMDEQ; B. No audit, litigation or other action arising out of or related in any way to this Project is commenced before SUBRECIPIENT provides the records and corresponding certification to MDEQ, in which case, SUBRECIPIENT shall retain the records until all issues arising out of the action are finally resolved; and C. SUBRECIPIENT provides MDEQ a minimum of thirty (30) days written notice before providing the above-mentioned records and corresponding certification.