Common use of Performance Audits Clause in Contracts

Performance Audits. (a) If HRRH reasonably believes that Project Co is in breach of its obligations with respect to Maintenance Work, including: (i) under this Section 26; (ii) under the Output Specifications; or (iii) in respect of any defects, deficiencies or items of outstanding work that should have been completed as part of the Works, then HRRH may cause to be performed, by an arm’s length consultant appointed by HRRH, a performance audit, inspection and survey of the Facility to assess whether the Facility has been and is being maintained by Project Co in accordance with Project Co’s obligations (the “Performance Audit”). (b) HRRH shall notify Project Co in writing at least 10 Business Days prior to the date that HRRH wishes to cause a Performance Audit to be undertaken. HRRH shall, acting in good faith, consider any reasonable request by Project Co for the Performance Audit to be performed on an alternative date if such request is made by Project Co in writing at least 5 Business Days prior to the date originally requested by HRRH, on the basis that performing the Performance Audit on the date originally requested by HRRH would materially prejudice Project Co’s ability to provide the Project Co Services. (c) When causing any Performance Audit to be undertaken, HRRH shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Project Co Services. The cost of a Performance Audit, except where Section 26.8(d) applies, shall be borne by HRRH. Project Co shall provide HRRH, at no additional cost or charge, with any reasonable assistance required by HRRH from time to time during the Performance Audit. (d) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, HRRH shall: (i) provide Project Co with a written notice of non-compliance; (ii) provide Project Co with instructions regarding rectification or Maintenance Work required to be performed by Project Co in order for Project Co to perform its obligations; (iii) specify a reasonable period of time within which Project Co must perform such rectification or Maintenance Work; and (iv) be entitled to exercise all rights pursuant to Section 30. (e) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, Project Co shall: (i) perform any rectification or Maintenance Work required by HRRH within a reasonable period of time specified by HRRH, and be responsible for any costs incurred in performing such rectification or Maintenance Work; and (ii) pay or reimburse HRRH for the costs of the Performance Audit and any administrative costs incurred by HRRH in relation to the Performance Audit. (f) Nothing in this Section 26.8 shall limit or restrict HRRH’s rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense.

Performance Audits. (a) If HRRH NHS reasonably believes that Project Co is in breach of its obligations with respect to Maintenance Work, including: (i) under this Section 2627; (ii) under the Output Specifications; or (iii) in respect of any defects, deficiencies or items of outstanding work that should have been completed as part of the Works, then HRRH NHS may cause to be performed, by an arm’s 's length consultant appointed by HRRHNHS, a performance audit, inspection and survey of the Facility to assess whether the Facility has been and is being maintained by Project Co in accordance with Project Co’s 's obligations (the “"Performance Audit”"). (b) HRRH NHS shall notify Project Co in writing at least 10 Business Days prior to the date that HRRH NHS wishes to cause a Performance Audit to be undertaken. HRRH NHS shall, acting in good faith, consider any reasonable request by Project Co for the Performance Audit to be performed on an alternative date if such request is made by Project Co in writing at least 5 Business Days prior to the date originally requested by HRRHNHS, on the basis that performing the Performance Audit on the date originally requested by HRRH NHS would materially prejudice Project Co’s 's ability to provide the Project Co Services. (c) When causing any Performance Audit to be undertaken, HRRH NHS shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Project Co Services. The cost of a Performance Audit, except where Section 26.8(d27.8(d) applies, shall be borne by HRRHNHS. Project Co shall provide HRRHNHS, at no additional cost or charge, with any reasonable assistance required by HRRH NHS from time to time during the Performance Audit. (d) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, HRRH NHS shall: (i) provide Project Co with a written notice of non-compliance; (ii) provide Project Co with instructions regarding rectification or Maintenance Work required to be performed by Project Co in order for Project Co to perform its obligations; (iii) specify a reasonable period of time within which Project Co must perform such rectification or Maintenance Work; and (iv) be entitled to exercise all rights pursuant to Section 3031. (e) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, Project Co shall: (i) perform any rectification or Maintenance Work required by HRRH NHS within a reasonable period of time specified by HRRHNHS, and be responsible for any costs incurred in performing such rectification or Maintenance Work; and (ii) pay or reimburse HRRH NHS for the costs of the Performance Audit and any administrative costs incurred by HRRH NHS in relation to the Performance Audit. (f) Nothing in this Section 26.8 27.8 shall limit or restrict HRRH’s NHS's rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense.

Performance Audits. (a) If HRRH HMQ reasonably believes that Project Co is in breach of its obligations with respect to Maintenance Work, including: (i) under this Section 26; (ii) under the Output Specifications; or (iii) in respect of any defects, deficiencies or items of outstanding work that should have been completed as part of the Works, then HRRH HMQ may cause to be performed, by an arm’s arm‟s length consultant appointed by HRRHHMQ, a performance audit, inspection and survey of the Facility to assess whether the Facility has been and is being maintained by Project Co in accordance with Project Co’s Co‟s obligations (the “Performance Audit”). (b) HRRH HMQ shall notify Project Co in writing at least 10 Business Days prior to the date that HRRH HMQ wishes to cause a Performance Audit to be undertaken. HRRH HMQ shall, acting in good faith, consider any reasonable request by Project Co for the Performance Audit to be performed on an alternative date if such request is made by Project Co in writing at least 5 Business Days prior to the date originally requested by HRRHHMQ, on the basis that performing the Performance Audit on the date originally requested by HRRH HMQ would materially prejudice Project Co’s Co‟s ability to provide the Project Co Services. (c) When causing any Performance Audit to be undertaken, HRRH HMQ shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Project Co Services. The cost of a Performance Audit, except where Section 26.8(d) applies, shall be borne by HRRHHMQ. Project Co shall provide HRRHHMQ, at no additional cost or charge, with any reasonable assistance required by HRRH HMQ from time to time during the Performance Audit. (d) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, HRRH HMQ shall: (i) provide Project Co with a written notice of non-compliance; (ii) provide Project Co with instructions regarding rectification or Maintenance Work required to be performed by Project Co in order for Project Co to perform its obligations; (iii) specify a reasonable period of time within which Project Co must perform such rectification or Maintenance Work; and (iv) be entitled to exercise all rights pursuant to Section 30. (e) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, Project Co shall: (i) perform any rectification or Maintenance Work required by HRRH HMQ within a reasonable period of time specified by HRRHHMQ, and be responsible for any costs incurred in performing such rectification or Maintenance Work; and (ii) pay or reimburse HRRH HMQ for the costs of the Performance Audit and any administrative costs incurred by HRRH HMQ in relation to the Performance Audit. (f) Nothing in this Section 26.8 shall limit or restrict HRRH’s HMQ‟s rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense.

Performance Audits. (a) If HRRH CAMH reasonably believes that Project Co is in breach of its obligations with respect to Maintenance Work, including: (i) under this Section 26; (ii) under the Output Specifications; or (iii) in respect of any defects, deficiencies or items of outstanding work that should have been completed as part of the Works, then HRRH CAMH may cause to be performed, by an arm’s length consultant appointed by HRRHCAMH, a performance audit, inspection and survey of the Facility to assess whether the Facility has been and is being maintained by Project Co in accordance with Project Co’s obligations (the “Performance Audit”). (b) HRRH CAMH shall notify Project Co in writing at least 10 Business Days prior to the date that HRRH CAMH wishes to cause a Performance Audit to be undertaken. HRRH CAMH shall, acting in good faith, consider any reasonable request by Project Co for the Performance Audit to be performed on an alternative date if such request is made by Project Co in writing at least 5 Business Days prior to the date originally requested by HRRHCAMH, on the basis that performing the Performance Audit on the date originally requested by HRRH CAMH would materially prejudice Project Co’s ability to provide the Project Co Services. (c) When causing any Performance Audit to be undertaken, HRRH CAMH shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Project Co Services. The cost of a Performance Audit, except where Section 26.8(d) applies, shall be borne by HRRHCAMH. Project Co shall provide HRRHCAMH, at no additional cost or charge, with any reasonable assistance required by HRRH CAMH from time to time during the Performance Audit. (d) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, HRRH CAMH shall: (i) provide Project Co with a written notice of non-compliance; (ii) provide Project Co with instructions regarding rectification or Maintenance Work required to be performed by Project Co in order for Project Co to perform its obligations; (iii) specify a reasonable period of time within which Project Co must perform such rectification or Maintenance Work; and (iv) be entitled to exercise all rights pursuant to Section 30. (e) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, Project Co shall: (i) perform any rectification or Maintenance Work required by HRRH CAMH within a reasonable period of time specified by HRRHCAMH, and be responsible for any costs incurred in performing such rectification or Maintenance Work; and (ii) pay or reimburse HRRH CAMH for the costs of the Performance Audit and any administrative costs incurred by HRRH CAMH in relation to the Performance Audit. (f) Nothing in this Section 26.8 shall limit or restrict HRRHCAMH’s rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense.

Performance Audits. (a) If HRRH HHS reasonably believes that Project Co is in breach of its obligations with respect to Maintenance Work, including: (i) under this Section 26; (ii) under the Output Specifications; or (iii) in respect of any defects, deficiencies or items of outstanding work that should have been completed as part of the Works, then HRRH HHS may cause to be performed, by an arm’s length consultant appointed by HRRHHHS, a performance audit, inspection and survey of the Facility to assess whether the Facility has been and is being maintained by Project Co in accordance with Project Co’s obligations (the “Performance Audit”). (b) HRRH HHS shall notify Project Co in writing at least 10 Business Days prior to the date that HRRH HHS wishes to cause a Performance Audit to be undertaken. HRRH HHS shall, acting in good faith, consider any reasonable request by Project Co for the Performance Audit to be performed on an alternative date if such request is made by Project Co in writing at least 5 Business Days prior to the date originally requested by HRRHHHS, on the basis that performing the Performance Audit on the date originally requested by HRRH HHS would materially prejudice Project Co’s ability to provide the Project Co Services. (c) When causing any Performance Audit to be undertaken, HRRH HHS shall use commercially reasonable efforts to minimize any disruption caused to the provision of the Project Co Services. The cost of a Performance Audit, except where Section 26.8(d) applies, shall be borne by HRRHHHS. Project Co shall provide HRRHHHS, at no additional cost or charge, with any reasonable assistance required by HRRH HHS from time to time during the Performance Audit. (d) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, HRRH HHS shall: (i) provide Project Co with a written notice of non-compliance; (ii) provide Project Co with instructions regarding rectification or Maintenance Work required to be performed by Project Co in order for Project Co to perform its obligations; (iii) specify a reasonable period of time within which Project Co must perform such rectification or Maintenance Work; and (iv) be entitled to exercise all rights pursuant to Section 30. (e) If a Performance Audit shows that Project Co has not performed or is not performing its obligations in any material respect, Project Co shall: (i) perform any rectification or Maintenance Work required by HRRH HHS within a reasonable period of time specified by HRRHHHS, and be responsible for any costs incurred in performing such rectification or Maintenance Work; and (ii) pay or reimburse HRRH HHS for the costs of the Performance Audit and any administrative costs incurred by HRRH HHS in relation to the Performance Audit. (f) Nothing in this Section 26.8 shall limit or restrict HRRH’s HHS’ rights hereunder to perform any other performance audits, inspections and surveys at its own cost and expense.