Where the Department appoints an independent third party to undertake, exercise or carry out any of the rights or powers contained in this Clause 28 (Employer's Records and Audit) the Department must ensure that such independent third party enters into a Confidentiality Agreement with the Employer simultaneously with its appointment.
Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the Contractor it may, as a consequence of that investigation or report, require the Contractor to, and the Contractor will, accept and comply with additional Contract obligations and will meet the cost of such investigation.
Where the Department carries out a review, investigation or audit of a sample of the evidence which the Provider is required to provide under this Agreement, or its preceding Agreement where applicable, to support the payments made by the Department and identifies errors in that evidence which it deems are material, the Department reserves the right at its absolute discretion to require the Provider, or the Department may (itself or via a third party) at the Provider’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Provider an amount based on the error rate identified and the total value of the Agreement. Such amounts may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or making deductions from future payments due to the Provider under the Agreement in the timescales as advised by the Department. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) of the Agreement. The decision of the Department as to the amount of recovery under this clause is final.
Where the Department a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or
Where the Department carries out a review, investigation or audit of a sample of the evidence which the College is required to provide under this Agreement, or its preceding Agreement where applicable, to support the payments made by the Department and identifies errors in that evidence which it deems are material, the Department reserves the right at its absolute discretion to require the College, or the Department may (itself or via a third party) at the College’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the College an amount based on the error rate identified and the total value of the Agreement. Such amounts may be recovered by making adjustments to data submitted by the College under the Agreement, or by raising an invoice for payment by the College, or making deductions from future payments due to the College under the Agreement in the timescales as advised by the Department. Failure to settle such amounts by the College will constitute a Serious Breach under Xxxxxx 34 (Minor and Serious Breach) of the Agreement. The decision of the Department as to the amount of recovery under this clause is final.
Where the Department carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the Department and identifies errors in that evidence which it deems are material, the Department reserves the right at its absolute discretion to require the Contractor to carry out 100% audit of all or part of the Services and/or to require the Contractor to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the Contractor of an extrapolated amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a breach of contract. The decision of the Department as to the amount of recovery under this clause is final.
Where the Department has been given a temporary opt out notice or a temporary opt out notice which, by virtue of clause 11.1.5, is treated as a permanent opt out notice, the Department must, as soon as is reasonably practicable and in any event within the period of seven days beginning with the date on which the Department receives a notice given under clause 11.1.3:
Where the Department has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the College it may, as a consequence of that investigation or report, require the College to, and the College will, accept and comply with additional conditions of funding and will meet the cost of such investigation.
