Common use of Retention of Records and Information Clause in Contracts

Retention of Records and Information. Respondents shall retain, and instruct their contractors and agents to retain, the following documents and electronically stored data (“Records”) until 10 years after the Notice of Completion of the Work under Section 6.7 of the SOW (the “Record Retention Period”): All records regarding Respondents’ liability under CERCLA regarding the Site; All reports, plans, permits, and documents submitted to EPA in accordance with this Settlement, including all underlying research and data; and All data developed by, or on behalf of, Respondents in the course of performing the Work. [If needed: [name of each Respondent that is an owner or operator] shall retain all Records regarding the liability of any person under CERCLA regarding the Site during the Record Retention Period.] At the end of the Record Retention Period, Respondents shall notify EPA that it has 90 days to request the Respondents’ Records subject to this Section. Respondents shall retain and preserve their Records subject to this Section until 90 days after EPA’s receipt of the notice. These record retention requirements apply regardless of any corporate record retention policy. Respondents shall provide to EPA, upon request, copies of all Records and information required to be retained under this Section. Respondents shall also make available to EPA, for purposes of investigation, information gathering, or testimony, their employees, agents, or representatives with knowledge of relevant facts concerning the performance of the Work.

Retention of Records and Information. Respondents shall retain, and instruct their contractors and agents to retain, the following documents and electronically stored data (“Records”) until 10 years after the Notice of Completion of the Work under Section 6.7 of the SOW ¶ 29.a (the “Record Retention Period”): All records regarding Respondents’ liability and the liability of any other person under CERCLA regarding the Site; All reports, plans, permits, and documents submitted to EPA in accordance with this Settlement, including all underlying research and data; and All data developed by, or on behalf of, Respondents in the course of performing the Work. [If needed: [name of each Respondent that is an owner or operator] shall retain all Records regarding the liability of any person under CERCLA regarding the Site during the Record Retention Period.] At the end of the Record Retention Period, Respondents shall notify EPA [and the State] that it has [they have] 90 days to request the Respondents’ Records subject to this Section. Respondents shall retain and preserve their Records subject to this Section until 90 days after EPA’s [and the State’s] receipt of the notice. These record retention requirements apply regardless of any corporate record retention policy. Respondents shall provide to EPAEPA [and the State], upon request, copies of all Records and information required to be retained under this Section. Respondents shall also make available to EPA, for purposes of investigation, information gathering, or testimony, their employees, agents, or representatives with knowledge of relevant facts concerning the performance of the Work.