Right of Access and Audit Sample Clauses

Right of Access and Audit a. Kyndryl agrees to provide the Regulated Entity (which, as defined below, could be either Customer or the End-Clients), the Regulator and the Resolution Authority (each a “Requester”) with: i. full access to its relevant business premises (e.g., head offices and operations centers), including the full range of relevant devices, systems, networks and data used for providing the services outsourced, including related financial information, personnel and Kyndryl’s external auditors; and ii. unrestricted rights of inspection and auditing related to the Services used by Customer to enable the Requester to monitor the Services and to ensure compliance with all applicable regulatory and contractual requirements.
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Right of Access and Audit. The OS shall keep the records and documents as required by the provisions of Article 2(2) of the Fi- nancing Agreement.
Right of Access and Audit. Notwithstanding anything to the contrary set out in the Contract Documents, where this Schedule P applies, the following shall apply: 9.1. Customer shall have the unrestricted right to access, inspect and audit the performance of Supplier relating to the MSA and/or any SOW on an ongoing basis during normal business hours on a business day and on reasonable notice (save where such audit is conducted in respect of a suspected fraud, in which case no notice shall be required). This shall include but is not limited to: 9.1.1. on-site inspections conducted by Customer, its appointed third parties, or the Competent Authority; 9.1.2. access to Supplier's devices, systems, networks, data and personnel; 9.1.3. the right to request information; and 9.1.4. the right to take copies of the relevant documentation on-site which is critical to the operations of Supplier provided that this exercise is not impeded or limited by any other contractual arrangements or implementation policies in place. 9.2. Customer shall use its reasonable commercial efforts to ensure that the conduct of such audit does not unreasonably disrupt Supplier's business and that its employees, agents or representatives conducting an audit shall have appropriate expertise, qualifications, and skills. 9.3. As an alternative to Customer's rights to carry out on-site inspections and audits covering the scope set out in this Section 9, Supplier may request in writing that it, instead, provides Customer with alternative assurances in documentary form, where Supplier is able to produce written evidence (to Customer's satisfaction) that an inspection or audit as described in Section 9.1 would affect the rights of Supplier's other clients. Such assurances may include (without limitation) certificates, reports or pooled audits which, in each case, meet Customer's requirements for assurance (at Customer's sole discretion). Customer shall have the sole discretion to accept or reject this request, and may require further evidence from Supplier for the purpose of assessing the affected rights of Supplier's other clients. Where Customer accepts this request, it may require Supplier to provide additional documentation and information where the level of assurance already supplied is insufficient or unsatisfactory. Where Customer rejects this request, it shall carry out such inspections and audits as it sees fit in accordance with Section 9.1. 9.4. Supplier shall on demand provide Customer, its appointed third partie...
Right of Access and Audit. 4.1 AWS agrees to provide the Regulator, the Regulated Entity (which, as defined below, could be either Customer or the Customer’s End User) and the Regulated Entity’s statutory auditor (each a “Requester”) with: a. full access to its business premises (head offices and operations centres), including the full range of devices, systems, networks and data used for providing the services outsourced; and b. unrestricted rights of inspection and auditing related to the outsourced services (a and b being collectively referred to as “Right of Access and Audit”). 4.2 The Requester will exercise the Right of Access and Audit and AWS will co-operate with the Requester in accordance with the following stipulations in the EBA Recommendations: a. The Requester will exercise the Right of Access and Audit in a risk-based and proportional manner, taking into account the legal requirements, the context and the nature of the Services. b. The Requester can appoint a third party to exercise the Right of Access and Audit. Requester must verify that its and any third party’s personnel performing the audit have acquired the right skills and knowledge to perform effective and relevant audits and assessments of AWS Services. c. The Requester must, before a planned onsite visit, provide Notice in a reasonable (in light of the nature and scope of the requested audit) time period of the onsite visit to a relevant business premise, unless an early prior notification has not been possible due to an emergency or crisis situation. d. If the Requester’s exercise of the Right of Access and Audit could, in AWS’s reasonable opinion, create a risk for another AWS customer’s environment, AWS and the Requester will agree on an alternative way address the request to provide Requester a similar level of assurance. e. Where sufficient for the Requester for its risk-based and proportional exercise of the Right of Access and Audit, the Requester should exercise the Right of Access and Audit by requesting AWS to provide it with confidential copies of Certifications and Reports, or, if AWS has implemented a process for pooled audits, through a pooled audit conducted in co-operation with other AWS customers and AWS in accordance with such process.
Right of Access and Audit. Buyer and Buyer's representatives, customers, or regulatory authorities shall have the right of access to & audit of the facility and all applicable records, on a non-interference basis, to any area of Seller's or Seller's supply chain sub-tier premises where any part of the work is being performed. Seller shall flow this requirement down to its sub sub-tier supply chain suppliers. Seller shall, without additional costs to Buyer, provide all reasonable in-plant accommodations, facilities, and assistance for the safety and convenience of the Buyer and the Buyer’s representatives in the performance of their duties.
Right of Access and Audit. NuSil, at its expense but no additional charge by Seller or Seller’s suppliers, during normal business hours and at a mutually convenient time, may inspect that portion of the Seller’s facility, or Seller’s suppliers’ facilities, used in the raw material receipt, supply, packaging, testing and warehousing of Items, as well as the records of Supplier related to the sale of Items, for the sole purpose of determining Seller’s compliance with this Contract and the Order. In addition, NuSil shall have the right to conduct an audit of the Seller’s facility, and Seller’s suppliers’ facilities, and all documentation maintained pertaining to the supply of items at any time (a) Products is received failing to routinely meet specification requirements, or (b) NuSil is made aware of any failure by Seller or Seller’s suppliers to meet applicable operational or regulatory requirements, or (c) a change requiring application of the Change Control process is needed.
Right of Access and Audit. Upon the written request of the Designated GS Entity from time to time, the Company shall provide full access to all the books and records of the Company and its subsidiaries and their respective businesses to the Designated GS Entity, to the Federal Reserve and any other U.S. Governmental Entity that has jurisdiction over GS Group or any of its Affiliates, and to any outside auditor chosen by the Designated GS Entity and reasonably acceptable to the Company in order to conduct an audit of the Compliance Policies and the Company’s compliance therewith, including allowing the Designated GS Entity, such auditors, and such U.S. Governmental Entities to visit and inspect the Company and its subsidiaries’ properties; examine and make copies of their books of account and records; and discuss the Company and its subsidiaries’ affairs, finances, and accounts with their officers and their legal, regulatory or compliance personnel. Any third-party audit shall be conducted on reasonable prior notice to the Company and its subsidiaries, during normal business hours of the applicable entity, and such third-party audit must not interfere with the ordinary operations of any entity. The Designated GS Entity may exercise its audit rights no more than once in any 12-month period, provided, however, that the foregoing limitation does not apply to any audit required by a U.S. Governmental Entity. Any third-party auditor shall be required to enter into a customary nondisclosure agreement. Any third-party audit will be conducted at the Designated GS Entity’s sole expense. To the extent permitted by law, the Company shall provide the Designated GS Entity with access to any materials viewed by any such U.S. Governmental Entity. Promptly after any audit and a reasonable amount of time to review and comment on the audit, the Company shall provide the Company’s board of directors with a copy of any audit conducted on any entity.
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Related to Right of Access and Audit

  • Access and Audit 16.1 The Supplier shall keep accurate and systematic accounts, files and records ("the Records"). The Records shall clearly identify, among other things, the basis upon which invoices have been calculated and the Supplier shall keep the Records throughout the duration of this Contract and for six years following its termination. 16.2 The Supplier shall upon request provide DFID or its representatives including the National Audit Office, unrestricted access to the Records in order that the Records may be inspected and copied. The Supplier shall co-operate fully in providing to DFID or its representative’s answers to such enquiries as may be made about the Records. 16.3 Where it is found by DFID that any overpayment has been made to the Supplier the Supplier shall reimburse DFID such amount within 28 days of the date of DFID's written demand.

  • ACCESS AND AUDITS The CONTRACTOR shall establish and maintain a reasonable accounting system, which enables ready identification of CONTRACTOR’S cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The COUNTY or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the CONTRACTOR or its sub- Contractors as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the CONTRACTOR’S place of business. This right to audit shall include the CONTRACTOR’S sub-Contractors used to procure goods or services under the contract with the COUNTY. CONTRACTOR shall ensure the COUNTY has these same rights with sub-Contractor(s) and suppliers.

  • Information Access and Audit Rights 25.1 Information Access 25.2 Reporting of Non-Force Majeure Events 25.3 Audit Rights 25.3.1 25.3.2 25.4 Audit Rights Periods 25.4.1 Audit Rights Period for Construction-Related Accounts and Records 25.4.2 Audit Rights Period for All Other Accounts and Records 25.5 Audit Results 25.5.1 26.1 General 26.2 Responsibility of Principal 26.3 No Limitation by Insurance

  • RIGHT TO MONITOR AND AUDIT COUNTY, State and Federal Governments shall have the right to monitor all work performed under this Agreement to assure that all-applicable State and Federal regulations are met. COUNTY, State and Federal Governments shall have the right to audit all work, records and procedures related to this Agreement to determine the extent to which the program is achieving its purposes and performance goals. COUNTY will have the right to review financial and programmatic reports and will notify CONTRACTOR of any potential Federal and/or State exception(s) discovered during such examination. COUNTY will follow-up and require that the CONTRACTOR takes timely and appropriate action on all deficiencies. Failure by the CONTRACTOR to take timely and appropriate action on all deficiencies shall constitute a material breach of this Agreement.

  • Right of Review and Audit Upon request by the EA, Contractor shall provide the EA with copies of its policies and related procedures that pertain to the protection of PII. It may be made available in a form that does not violate Contractor’s own information security policies, confidentiality obligations, and applicable laws. In addition, Contractor may be required to undergo an audit of its privacy and security safeguards, measures and controls as it pertains to alignment with the requirements of New York State laws and regulations, the EA’s policies applicable to Contractor, and alignment with the NIST Cybersecurity Framework performed by an independent third party at Contractor’s expense, and provide the audit report to the EA. Contractor may provide the EA with a recent industry standard independent audit report on Contractor’s privacy and security practices as an alternative to undergoing an audit.

  • Right to Inspect and Audit AHS and the Minister shall have the right (including all access rights required) to inspect or audit the Facility and all of the equipment, Staff and records of the Operator (and to take copies of records where either desires to do so) related to Services performed or to be performed (and goods and services sold or otherwise provided to persons receiving such Services) at all reasonable times and without prior notice in cases of emergency or whenever there is any reasonable apprehension of any ongoing danger to Clients for the purposes of determining compliance with this Agreement, the accuracy of any information provided and compliance with all Applicable Laws.

  • 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

  • Right of Audit 29.1 The Contractor shall keep secure and maintain until six years after the final payment of all sums due under the Contract, or such other period as may be agreed between the Parties, full and accurate records of the Services, all expenditure reimbursed by the Authority and all payments made by the Authority. 29.2 The Contractor shall grant to the Authority, or its authorised agents, such access to those records as they may reasonably require in order to check the Contractor's compliance with the Contract. 29.3 For the purposes of the examination and certification of the Authority's accounts, or any examination under section 6(1) of the National Audit Xxx 0000 or annual re-enactment thereof as to the economy, efficiency and effectiveness with which the Authority has used its resources, the Comptroller and Auditor General may examine such documents as he may reasonably require which are owned, held or otherwise within the control of the Contractor and may require the Contractor to provide such oral or written explanations as he may reasonably require for those purposes. The Contractor shall give all reasonable assistance to the Comptroller and Auditor General for those purposes. 29.4 Condition 29.3 applies only in respect of documents relating to the Contract and only for the purpose of the auditing of the Authority. It does not constitute an agreement under section 6(3)(d) of the National Audit Act 1983 such as to make the Contractor the subject of auditing under that Act. 29.5 Except where an audit is imposed on the Authority by a Regulatory Body (in which case the Authority may carry out the audit required without prejudice to its other rights) the Authority may conduct an audit: a) to review the integrity, confidentiality and security of the Authority Data; b) to review the Contractor's compliance with the Data Protection Xxx 0000, the Freedom of Information Xxx 0000 in accordance with Condition 30 (Data Protection Act and Freedom of Information Act) and any other legislation applicable to the Services. 29.6 Subject to the Authority's obligations of confidentiality, the Contractor shall on demand provide the Authority (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including: a) all information requested by the Authority within the permitted scope of the audit; b) reasonable access to any Sites controlled by the Contractor and to any equipment used (whether exclusively or non-exclusively) in the performance of the Services; c) access to the Contractor’s system; and d) access to the Contractor’s Staff.

  • Retention of Records, Right to Monitor and Audit (a) CONTRACTOR shall maintain all required records for three (3) years after the COUNTY makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California.

  • 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

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