Common use of Retention of Records and Audits Clause in Contracts

Retention of Records and Audits. Consultant must retain and maintain easily available all Records pertaining to Consultant’s performance of obligations undertaken under this Agreement. Consultant shall ensure that it’s Sub-Consultant(s) retain and maintain easily available all Records pertaining to Sub-Consultants’ performance of this Agreement. Records (“Records”) include but are not limited to any books, reports, accounts, estimates, documents, detailed financial information, certified payrolls, invoices, or any other documentation or evidence, as well as any documents utilized in the preparation of Proposals, invoices, disputes, litigation and any claims. Records must be maintained in accordance with industry standards and GAAP and practices, consistently applied. The provisions of this Section shall not apply to any work product that is the result of Consultant’s or Sub-Consultants’ collaboration with legal counsel or to any of Consultant’s or Sub-Consultants’ confidential or proprietary information that does not fall within the definition of a Record as given above. Consultant shall ensure that the Judicial Council and/or its designated representative(s) will have access upon twenty-four (24) hours’ advance written notice, at all times during Consultant’s or Sub-Consultants’ normal business hours, to all Records for the purposes of inspection, audit, and copying. Consultant shall, and shall ensure that Sub-Consultant(s) shall, at no cost to Judicial Council, provide access and proper facilities for such purposes. Consultant shall ensure in accordance with the terms of this Agreement that all Sub-Consultant(s) are bound to all provisions of this Section. Records must be retained and available throughout the period of the term of this Agreement and for a period of five (5) years following the expiration date of this Agreement, or until five (5) years after final settlement of all disputes, claims, or litigation to which the Records relate, whichever date occurs later. If an audit or Judicial Council internal review reveals that the Consultant and/or its Sub-Consultant(s) have overcharged the Judicial Council, Consultant will immediately pay to the Judicial Council the overcharged amount plus interest from the date of receipt of overpayment. The rate of interest will be equal to eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less. The audit or Judicial Council internal review will be conducted at the Judicial Council’s expense, unless the audit or review reveals that the Consultant and/or its Sub-Consultant(s) has overcharged the Judicial Council by ten percent (10%) or more on any invoice, in which case the Consultant will reimburse the Judicial Council for all costs and expenses incurred by the Judicial Council in connection with such audit or review, including direct and indirect costs associated with Judicial Council representatives. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment. The obligations of this Section shall survive the expiration of and any termination of this Agreement.

Retention of Records and Audits. Consultant must retain and maintain easily available all Records pertaining to Consultant’s performance of obligations undertaken under this Agreement. Consultant shall ensure that it’s Sub-Consultant(s) retain and maintain easily available all Records pertaining to Sub-Consultants’ performance of this Agreement. Records (“Records”) include but are not limited to any books, reports, accounts, estimates, documents, detailed financial information, certified payrolls, invoices, or any other documentation or evidence, as well as any documents utilized in the preparation of Proposals, invoices, disputes, litigation and any claims. Records must be maintained in accordance with industry standards and GAAP and practices, consistently applied. The provisions of this Section shall not apply to any work product that is the result of Consultant’s or Sub-Consultants’ collaboration with legal counsel or to any of Consultant’s or Sub-Consultants’ confidential or proprietary information that does not fall within the definition of a Record as given above. Consultant shall ensure that the Judicial Council and/or its designated representative(s) will have access upon twenty-four (24) hours’ advance written notice, at all times during Consultant’s or Sub-Consultants’ normal business hours, to all Records for the purposes of inspection, audit, and copying. Consultant shall, and shall ensure that Sub-Consultant(s) shall, at no cost to Judicial Council, provide access and proper facilities for such purposes. Consultant shall ensure in accordance with the terms of this Agreement that all Sub-Consultant(s) are bound to all provisions of this Section. Records must be retained and available throughout the period of the term of this Agreement and for a period of five (5) years following the expiration date of this Agreement, or until five (5) years after final settlement of all disputes, claims, or litigation to which the Records relate, whichever date occurs later. If an audit or Judicial Council internal review reveals that the Consultant and/or its Sub-Consultant(s) have overcharged the Judicial Council, Consultant will immediately pay to the Judicial Council the overcharged amount plus interest from the date of receipt of overpayment. The rate of interest will be equal to eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less. The audit or Judicial Council internal review will be conducted at the Judicial Council’s expense, unless the audit or review reveals that the Consultant and/or its Sub-Consultant(s) has overcharged the Judicial Council by ten percent (10%) or more on any invoice, in which case the Consultant will reimburse the Judicial Council for all costs and expenses incurred by the Judicial Council in connection with such audit or review, including direct and indirect costs associated with Judicial Council representatives. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment. The obligations of this Section shall survive the expiration of and any termination of this Agreement.

Retention of Records and Audits. Consultant Contractor must retain and maintain easily available all Records pertaining to ConsultantContractor’s performance of its obligations undertaken under this Agreement. Consultant Contractor shall ensure that it’s Sub-Consultant(sSubcontractor(s’) retain and maintain easily available all Records pertaining to Sub-Consultants’ Subcontractor(s’) performance of actions undertaken as a result of this Agreement. Records (“Records”) include but are not limited to any books, reports, accounts, estimates, documents, detailed financial information, quotations, certified payrolls, invoices, or any other documentation or evidence, as well as any documents utilized in the preparation of Proposalsquotations, invoicesInvoices, disputesDisputes, litigation and any claimsClaims. Records must be maintained in accordance with industry standards and GAAP and practices, consistently applied. The provisions of this Section Article 22 shall not apply to any work product that is the result of ConsultantContractor’s or Sub-Consultants’ Subcontractor(s’) collaboration with legal counsel or to any of ConsultantContractor’s or Sub-Consultants’ Subcontractor(s’) confidential or proprietary information that does not fall within the definition of a Record as given above. Consultant Contractor shall ensure that the Judicial Council and/or its designated representative(s) will have access upon twenty-four (24) hours’ hours advance written notice, at all times during ConsultantContractor’s or Sub-Consultants’ Subcontractor(s’) normal business hours, to all Records for the purposes of inspection, audit, and copying. Consultant Contractor shall, and shall ensure that Sub-Consultant(sconsultant(s’) shall, at no cost to Judicial Council, provide access and proper facilities for such purposes. Consultant Contractor shall ensure in accordance with the terms of this Agreement that all Sub-Consultant(sSubcontractor(s) are bound to all provisions of this SectionArticle 22. Records must be retained and available throughout the period of the term of this Agreement and for a period of five (5) years following the expiration date Expiration Date of this Agreement, or until five (5) 5 )years after final settlement of all disputesDisputes, claimsClaims, or litigation to which the Records relate, whichever date occurs later. If an audit or Judicial Council internal review reveals that the Consultant Contractor and/or its Sub-Consultant(sSubcontractor(s’) have overcharged the Judicial Council, Consultant Contractor will immediately pay to the Judicial Council the overcharged amount plus interest effective from the date of receipt of overpayment. The rate of interest will be equal to eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less. The audit Audit(s) or Judicial Council internal review review(s) will be conducted at the Judicial Council’s expense, unless the an audit or review reveals that the Consultant Contractor and/or its Sub-Consultant(sSubcontractor(s’) has overcharged the Judicial Council by ten percent (10%) or more on any invoice, in which case the Consultant Contractor will reimburse the Judicial Council for all costs and expenses incurred by the Judicial Council in connection with such audit or review, including direct and indirect costs associated with Judicial Council representatives. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment. The obligations of this Section Article 22 shall survive the expiration of and any termination of this Agreement.

Retention of Records and Audits. Consultant must retain and maintain easily available all Records pertaining to Consultant’s performance of obligations undertaken under this Agreement. Consultant shall ensure that it’s Sub-Consultant(s) retain and maintain easily available all Records pertaining to Sub-Consultants’ performance of this Agreement. Records (“Records”) include but are not limited to any books, reports, accounts, estimates, documents, detailed financial information, certified payrolls, invoices, or any other documentation or evidence, as well as any documents utilized in the preparation of Proposals, invoices, disputes, litigation and any claims. Records must be maintained in accordance with industry standards and GAAP and practices, consistently applied. The provisions of this Section shall not apply to any work product that is the result of Consultant’s or Sub-Consultants’ collaboration with legal counsel or to any of Consultant’s or Sub-Consultants’ confidential or proprietary information that does not fall within the definition of a Record as given above. Consultant shall ensure that the Judicial Council and/or its designated representative(s) will have access upon twenty-four (24) hours’ advance written notice, at all times during Consultant’s or Sub-Consultants’ normal business hours, to all Records for the purposes of inspection, audit, and copying. Consultant shall, and shall ensure that Sub-Consultant(s) shall, at no cost to Judicial Council, provide access and proper facilities for such purposes. Consultant shall ensure in accordance with the terms of this Agreement that all Sub-Consultant(s) are bound to all provisions of this Section. Records must be retained and available throughout the period of the term of this Agreement and for a period of five (5) years following the expiration date of this Agreement, or until five (5) years after final settlement of all disputes, claims, or litigation to which the Records relate, whichever date occurs later. If an audit or Judicial Council internal review reveals that the Consultant and/or its Sub-Consultant(s) have overcharged the Judicial Council, Consultant will immediately pay to the Judicial Council the overcharged amount plus interest from the date of receipt of overpayment. The rate of interest will be equal to eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less. The audit or Judicial Council internal review will be conducted at the Judicial Council’s expense, unless the audit or review reveals that the Consultant and/or its Sub-Consultant(s) has overcharged the Judicial Council by ten percent (10%) or more on any invoice, in which case the Consultant will reimburse the Judicial Council for all costs and expenses incurred by the Judicial Council in connection with such audit or review, including direct and indirect costs associated with Judicial Council representatives. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment. The obligations of this Section shall survive the expiration of and any termination of this Agreement.

Retention of Records and Audits. Consultant Contractor must retain and maintain easily available all Records pertaining to Consultant’s Contractor’s, its Subcontractor(s), and Consultant(s) performance of obligations undertaken under related to this Agreement. Consultant Contractor shall ensure that it’s Sub-Consultant(sits Subcontractor(s) retain and maintain easily available all Records pertaining to Sub-Consultants’ the performance of their employees provided as Consultant(s) under this Agreement. Records (“Records”) include but are not limited to any books, reports, accounts, estimates, documents, detailed financial information, certified payrolls, invoices, or any other documentation or evidence, as well as any documents utilized in the preparation of Proposals, invoicesInvoices, disputesDisputes, litigation and any claimsClaims. Records must be maintained in accordance with industry standards and GAAP and practices, consistently applied. The provisions of this Section shall not apply to any work product that is the result of ConsultantContractor’s or Sub-Consultants’ collaboration its Subcontractor’s or Consultant(s’) consultation with legal counsel or to any of Consultant’s Contractor’s, or Sub-Consultants’ its Subcontractor(s’) Consultant(s’) confidential or proprietary information that does not fall within the definition of a Record as given above. Consultant Contractor shall ensure that the Judicial Council AOC and/or its designated representative(s) will have access upon twenty-four (24) hours’ hours advance written notice, at all times during ConsultantContractor’s or Sub-Consultants’ normal business hours, to all Records for the purposes of inspection, audit, and copying. Consultant shall, and Contractor shall ensure that Sub-Consultant(s) shall, at no cost to Judicial Council, provide access and proper facilities for such purposespurposes at no cost to AOC. Consultant Contractor shall ensure in accordance with the terms of this Agreement that all Sub-Consultant(sSubcontractor(s) are bound to all provisions of this Section. Records must be retained and available throughout the period of the term of this Agreement and for a period of five (5) years following the expiration date of this Agreement, or until five (5) years after final settlement of all disputesDisputes, claimsClaims, or litigation to which the Records relate, whichever date occurs later. If an audit or Judicial Council AOC internal review reveals that the Consultant Contractor and/or its Sub-Consultant(sSubcontractor(s) have overcharged the Judicial CouncilAOC, Consultant Contractor will immediately pay to the Judicial Council AOC the overcharged amount plus interest from the date of receipt of overpayment. The rate of interest will be equal to eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less. The audit or Judicial Council AOC internal review will be conducted at the Judicial CouncilAOC’s expense, unless the audit or review reveals that the Consultant Contractor and/or its Sub-Consultant(sSubcontractor(s) has overcharged the Judicial Council AOC by ten percent (10%) or more on any invoice, in which case the Consultant Contractor will reimburse the Judicial Council AOC for all costs and expenses incurred by the Judicial Council AOC in connection with such audit or review, including direct and indirect costs associated with Judicial Council AOC representatives. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment. The obligations of this Section shall survive the expiration of and any termination of this Agreement.

Retention of Records and Audits. Consultant must retain and maintain easily available all Records pertaining to Consultant’s performance of obligations undertaken under this Agreement. Consultant shall ensure that it’s Sub-Consultant(s) retain and maintain easily available all Records pertaining to Sub-Consultants’ performance of this Agreement. Records (“Records”) include but are not limited to any books, reports, accounts, estimates, documents, detailed financial information, certified payrolls, invoices, or any other documentation or evidence, as well as any documents utilized in the preparation of Work Order Proposals, invoices, disputes, litigation and any claims. Records must be maintained in accordance with industry standards and GAAP and practices, consistently applied. The provisions of this Section shall not apply to any work product that is the result of Consultant’s or Sub-Consultants’ collaboration with legal counsel or to any of Consultant’s or Sub-Consultants’ confidential or proprietary information that does not fall within the definition of a Record as given above. Consultant shall ensure that the Judicial Council and/or its designated representative(s) will have access upon twenty-four (24) hours’ advance written notice, at all times during Consultant’s or Sub-Consultants’ normal business hours, to all Records for the purposes of inspection, audit, and copying. Consultant shall, and shall ensure that Sub-Consultant(s) shall, at no cost to Judicial Council, provide access and proper facilities for such purposes. Consultant shall ensure in accordance with the terms of this Agreement that all Sub-Consultant(s) are bound to all provisions of this Section. Records must be retained and available throughout the period of the term of this Agreement and for a period of five (5) years following the expiration date of this Agreement, or until five (5) years after final settlement of all disputes, claims, or litigation to which the Records relate, whichever date occurs later. If an audit or Judicial Council internal review reveals that the Consultant and/or its Sub-Consultant(s) have overcharged the Judicial Council, Consultant will immediately pay to the Judicial Council the overcharged amount plus interest from the date of receipt of overpayment. The rate of interest will be equal to eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less. The audit or Judicial Council internal review will be conducted at the Judicial Council’s expense, unless the audit or review reveals that the Consultant and/or its Sub-Consultant(s) has overcharged the Judicial Council by ten percent (10%) or more on any invoice, in which case the Consultant will reimburse the Judicial Council for all costs and expenses incurred by the Judicial Council in connection with such audit or review, including direct and indirect costs associated with Judicial Council representatives. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment. The obligations of this Section shall survive the expiration of and any termination of this Agreement.

Retention of Records and Audits. Consultant Contractor must retain and maintain easily available all Records pertaining to ConsultantContractor’s performance of its obligations undertaken under this Agreement. Consultant Contractor shall ensure that it’s Sub-Consultant(sSubcontractor(s’) retain and maintain easily available all Records pertaining to Sub-Consultants’ Subcontractor(s’) performance of actions undertaken as a result of this Agreement. Records (“Records”) include but are not limited to any books, reports, accounts, estimates, documents, detailed financial information, quotations, certified payrolls, invoices, or any other documentation or evidence, as well as any documents utilized in the preparation of Proposalsquotations, invoicesInvoices, disputesDisputes, litigation and any claimsClaims. Records must be maintained in accordance with industry standards and GAAP and practices, consistently applied. The provisions of this Section Article 23 shall not apply to any work product that is the result of ConsultantContractor’s or Sub-Consultants’ Subcontractor(s’) collaboration with legal counsel or to any of ConsultantContractor’s or Sub-Consultants’ Subcontractor(s’) confidential or proprietary information that does not fall within the definition of a Record as given above. Consultant Contractor shall ensure that the Judicial Council and/or its designated representative(s) will have access upon twenty-four (24) hours’ hours advance written notice, at all times during ConsultantContractor’s or Sub-Consultants’ Subcontractor(s’) normal business hours, to all Records for the purposes of inspection, audit, and copying. Consultant Contractor shall, and shall ensure that Sub-Consultant(sconsultant(s’) shall, at no cost to Judicial Council, provide access and proper facilities for such purposes. Consultant Contractor shall ensure in accordance with the terms of this Agreement that all Sub-Consultant(sSubcontractor(s) are bound to all provisions of this SectionArticle 23. Records must be retained and available throughout the period of the term of this Agreement and for a period of five (5) years following the expiration date Expiration Date of this Agreement, or until five (5) 5 )years after final settlement of all disputesDisputes, claimsClaims, or litigation to which the Records relate, whichever date occurs later. If an audit or Judicial Council internal review reveals that the Consultant Contractor and/or its Sub-Consultant(sSubcontractor(s’) have overcharged the Judicial Council, Consultant Contractor will immediately pay to the Judicial Council the overcharged amount plus interest effective from the date of receipt of overpayment. The rate of interest will be equal to eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less. The audit Audit(s) or Judicial Council internal review review(s) will be conducted at the Judicial Council’s expense, unless the an audit or review reveals that the Consultant Contractor and/or its Sub-Consultant(sSubcontractor(s’) has overcharged the Judicial Council by ten percent (10%) or more on any invoice, in which case the Consultant Contractor will reimburse the Judicial Council for all costs and expenses incurred by the Judicial Council in connection with such audit or review, including direct and indirect costs associated with Judicial Council representatives. This Agreement is subject to examinations and audit by the State Auditor for a period three (3) years after final payment. The obligations of this Section Article 23 shall survive the expiration of and any termination of this Agreement.