The AOC and/or its designated representative(s) will have access upon 24 hours advance written notice, at all reasonable times during Contractor’s normal business hours, to all of Contractors Records for the purposes of inspection, audit, and copying. Contractor will, at no cost to AOC, provide access and proper facilities for such purposes. Contractor shall ensure that all Subcontractor(s) and Supplier(s), of all tiers, are bound to all provisions of this Article 14. Records must be retained and maintained available throughout the period of the performance of the Work and for a period of five (5) years after all obligations of the parties under this Agreement have been met, or until 5 years after final settlement of all Disputes, Claims, or litigation to which the Records relate, whichever event occurs later. If an audit or AOC internal review reveals that the Contractor has overcharged the AOC, the Contractor will immediately pay to the AOC the overcharged amount plus interest from the date 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 AOC internal review will be conducted at the AOC’s expense, unless the audit or review reveals that the Contractor has overcharged the AOC by ten percent (10%) or more on any invoice, in which case the Contractor will reimburse the AOC for all costs and expenses incurred by the AOC in connection with such audit or review, including direct and indirect costs associated with AOC employees. The obligations of this Article 14 shall survive any expiration or termination of this Agreement. Confidentiality Both the State and the Contractor acknowledge and agree that in the course of performing the Work under this Agreement, the State may disclose Confidential Information to the Contractor. The Contractor agrees not to disclose the Confidential Information to any Party and to treat it with the same degree of care as it would its own confidential information. It is understood, however, that the Contractor may disclose the State’s Confidential Information on a to know” basis to the Contractor’s employees “need and Subcontractors and, as directed by the Project Manager, representatives of the State that are working on the Project. All such employees and Subcontractors of the Contractor shall have executed a confidentiality agreement with the Contractor requiring a promise of confidentiality concerning the Contractor’s clients and business.
The AOC and/or its designated representative(s) will have access upon 24 hours advance written notice, at all reasonable times during Contractor’s normal business hours, to all of Contractors Records for the purposes of inspection, audit, and copying. Contractor will, at no cost to AOC, provide access and proper facilities for such purposes. Contractor shall ensure that all Subcontractor(s) and Supplier(s), of all tiers, are bound to all provisions of this Article 14. Records must be retained and maintained available throughout the period of the performance of the Work and for a period of five (5) years after all obligations of the parties under this Agreement have been met, or until 5 years after final settlement of all Disputes, Claims, or litigation to which the Records relate, whichever event occurs later. If an audit or AOC internal review reveals that the Contractor has overcharged the AOC, the Contractor will immediately pay to the AOC the overcharged amount plus interest from the date 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 AOC internal review will be conducted at the AOC’s expense, unless the audit or review reveals that the Contractor has overcharged the AOC by ten percent (10%) or more on any invoice, in which case the Contractor will reimburse the AOC for all costs and expenses incurred by the AOC in connection with such audit or review, including direct and indirect costs associated with AOC employees. The obligations of this Article 14 shall survive any expiration or termination of this Agreement. Confidentiality Both the State and the Contractor acknowledge and agree that in the course of performing the Work under this Agreement, the State may disclose Confidential Information to the Contractor. The Contractor agrees not to disclose the Confidential Information to any Party and to treat it with the same degree of care as it would its own confidential information. It is understood, however, that the Contractor may disclose the State’s Confidential Information on a “need to know” basis to the Contractor’s employees and Subcontractors and, as directed by the Project Manager, representatives of the State that are working on the Project. All such employees and Subcontractors of the Contractor shall have executed a confidentiality agreement with the Contractor requiring a promise of confidentiality concerning the Contractor’s clients and business.
occm-2011-19-jmg-CAFM-Upgrade-Contract-Final-12-10-12.docx