Common use of Record Retention and Access to Records Clause in Contracts

Record Retention and Access to Records. Seller shall establish and maintain financial records, supporting documents, statistical records and such other records as may be necessary to reflect its performance of the provisions of this EPL Agreement and the supplement and/or purchase order. The Purchaser, ITS, any state or federal agency authorized to audit Purchaser, and/or any of their duly authorized representatives, shall, at their expense and upon prior reasonable written notice to Seller, have access to this EPL Agreement, supplements/purchase orders, and to any of Seller’s proposals, books, documents, papers and/or records that are pertinent to the supplement/purchase order and this EPL Agreement to make copies, audits, examinations, excerpts and transcriptions at the State’s or Seller’s office as applicable where such records are kept during normal business hours. All records relating to this EPL Agreement and the supplement and/or purchase order shall be retained by Seller for three (3) years from the date of receipt of final payment under this EPL Agreement and the supplement and/or purchase order. However, if any litigation or other legal action, by or for the state or federal government has begun that is not completed at the end of the three (3) year period, or if an audit finding, litigation or other legal action has not been resolved at the end of the three (3) year period, the records shall be retained until resolution. Notwithstanding the preceding, in no event will Seller disclose its confidential or proprietary cost and pricing data under this Article.

Record Retention and Access to Records. Seller shall establish and maintain financial records, supporting documents, statistical records and such other records as may be necessary to reflect its performance of the provisions of this EPL Agreement and the supplement and/or supplement/purchase order. The Purchaser, ITS, any state State or federal agency authorized to audit Purchaser, and/or any of their duly authorized representatives, shallshall have unimpeded, at their expense and upon prior reasonable written notice to Seller, have prompt access to the supplement/purchase order, this EPL Agreement, supplements/purchase orders, and to any of the Seller’s proposals, books, documents, papers and/or records that are pertinent to the supplement/purchase order and or this EPL Agreement to make audits, copies, audits, examinations, excerpts and transcriptions at the StateSeller’s or SellerState’s office as applicable where such records are kept during normal business hours. All records relating to this EPL Agreement and the supplement and/or supplement/purchase order shall be retained by the Seller for three (3) years from the date of receipt of final payment under this EPL Agreement and the supplement and/or supplement/purchase order. However, if any litigation or other legal action, by or for the state or federal government has begun that is not completed at the end of the three (3) year period, or if an audit finding, litigation or other legal action has not been resolved at the end of the three (3) year period, the records shall be retained until resolution. Notwithstanding the preceding, in no event will Seller disclose its confidential or proprietary cost and pricing data under this Article.