Survival This clause applies for the Contract Period and for a period of seven years after the termination or expiry of this Contract. Archival requirements The Contractor agrees to comply with any reasonable directions from the Agency with respect to any applicable Commonwealth, State or Territory Laws relating to archival requirements. Costs The Contractor must bear its own costs of complying with this clause . Audit and Access Note: It is intended that Finance and Agency will align any audits and that Finance will be the lead Agency in relation to any audit. Right to conduct audits The Agency, or a person or organisation nominated by the Agency (Authorised Investigator), may during Business Hours, on reasonable notice and with Finance's written approval, conduct audits relevant to the performance of the Contractor's obligations under this Contract. Audits may be conducted of: the Contractor's operational practices and procedures as they relate to this Contract; the Charges and the accuracy of the Contractor’s invoices and reports in relation to the provision of Deliverables this Contract; the Contractor's compliance with its confidentiality, privacy and security and other obligations under this Contract; Material (including accounts and records) in the possession of the Contractor relevant to the Deliverables or this Contract; and any matters reasonably determined by the Agency to be relevant to the operations and the performance of the Deliverables or this Contract excluding Contractor Proprietary Information. Access by the Agency The Authorised Investigator, may during Business Hours and on giving reasonable Notice to the Contractor: access the premises of the Contractor (including any Location from which work under this Contract is Performed); and inspect and copy relevant Documents, books and records, however stored, in the possession, custody or control of the Contractor or its Personnel for the purposes of this clause . The Authorised Investigator must comply with the Contractor's Security Plan whilst on the Contractor's premises.
may be given subject to conditions, in which case the Contractor must comply with those conditions prior to and during the transmission, storage or access which has been permitted. The Contractor acknowledges and agrees that: the Agency holds and deals with highly sensitive information; Finance and the Agency are concerned that such information is not improperly used or disclosed contrary to the Head Agreement, a Contract or any Laws; and use or disclosure of such information contrary to this Module or a Contract may constitute a breach to which clause 25.1 applies. Non Return of Hardware The Contractor agrees that the following restrictions may to the return of Hardware that is the subject of a warranty claim under a Contract. The first level applies only to non-volatile storage (such as disk drives). The second is more stringent and includes the desktop or notebook itself. 1 restrictions include the following: (a) all devices containing non-volatile storage cannot be returned to the Contractor due to Agency security requirements; (b) part numbers or inspection by security cleared Contractor personnel of failed or replaced non-volatile may be authorised by the Agency; and (c) storage devices can be provided to the Contractor for warranty record purposes. Where level 1 restrictions apply, the Contractor's warranty arrangements must comply with the requirements in paragraphs 43.11(a) to 43.11(c) and all pricing must include these requirements as standard. Level 2 restrictions include the following: (a) all devices that store information at some stage (such as motherboards, remote management cards, SCSI cards, RAM, disks, etc.) cannot be returned to the Contractor due to Agency security requirements. When applied to the Hardware requirement, this results in only the power supply being able to be returned in case of device failure; (b) part numbers or inspection by Contractor Personnel with the appropriate security clearance of failed or replaced non-volatile storage media devices can be provided for warranty record purposes. Where level 2 restrictions apply, the Contractor's warranty arrangements must comply with the requirements in paragraphs 43.13(a) and 43.13(b) and all pricing must include these requirements.
Intellectual Property Rights (clause of the Contract): [insert details of IPR and ownership including any additional clauses] Agency Confidential Information under this Order (clause of the Contract): [Insert] Contractor Confidential Information under this Order (clause of the Contract and Annexure 3 – Contractor Confidential Information: [Insert] Liability Cap (clause of the Contract): [insert details of Agency/Contractor agreed liability cap e.g. three times the contract value] Indemnity (clause of the Contract): [insert details of Contractor indemnity if different to clause 24] Standards and Codes (clause 40 of the Contract): [Insert specific standards for the supply of Deliverables including industry codes or best industry practice methodologies. Otherwise insert 'not applicable'] Acquisition through a Reseller (clause 38.18 of the Contract): [If Hardware is acquired through a Reseller, insert details of additional requirements, if any. Otherwise insert 'not applicable'] Project Management (clause 42 of the Contract): [Specify any other matters that need to be included in the Project Plan in addition to those in clause 32.2. Otherwise insert 'not applicable'] Agency Supplied Items (clause 41 of the Contract): [Insert details of any Agency Supplied Items to be provided to the Contractor. Otherwise insert 'not applicable'] Agency Assistance and responsibility for preparation of the premises/facilities (clauses 41 and 42 of the Contract): [Insert any access to Agency site, accommodation, facilities, equipment, furnishings, fixtures, support and assistance to be provided to the Contractor] [Insert details of the Agency's obligations for the preparation of its premises and / or facilities] Technology threats (clause 43.7 of the Contract): [Insert details of the parties' obligations in relation to technology threats.] Other: [insert details of any special conditions or amendments approved by Finance]