An audit is a good way to achieve such satisfactory security. (For more information, see below.) The right to examination is important for both the parties, buyers and the seller. The applicant (TGM) and the defendant (Thales) had concluded an agreement concerning Thales for the supply of a new tram operating system to TGM. The initial contract price was £22 million. After significant delays, Thales has filed a request for an extension of the delivery time of the system and an additional £42 million. Without attempting to dismiss the fault, Justice Akenhead euphemistically found that something had clearly gone wrong with the agreement. In TGM, the review clause provided, inter alia, for what access rights did the auditor need? The basic audit rules allow the auditing party to access books and records. To go further, the provision may define certain types of documents, such as invoices, tax returns, and emails, which the party under review can access and verify. However, the party under consideration may need access to much more than books and records to verify the other party`s compliance with the provisions of the agreement. This access may extend to facilities, systems, personnel, software and subcontractors. The provisions on checks of good repute would generally include the right to make copies of books and records.
It is not uncommon for the audited party to require that the audit be carried out during normal business hours and that it does not intervene in the day-to-day operation of the company. Who has the right to carry out the audit? The contractor usually has a right, but it can be extended to external auditors and public authorities as needed. If companies know they can be audited at any time, that`s the motivation for them to ensure that their information security and data protection controls are as effective as possible and that they meet all their compliance requirements. I`ve seen this first-hand, in dozens of organizations. In Transport for Greater Manchester v Thales Transport & Security Limited  EWHC 3717 (TCC), a court ordered a specific benefit with respect to a review clause. The review section of a service contract contains provisions that define a party`s right to access and verify another party`s information in order to determine whether that party is in compliance with the agreement. Depending on the scope of the examination rights, the examination section may range from a single paragraph to a full exposure to the contract. 28.1 In addition..
[Thales] a . such other information, records or documents which are in its possession or control, or which are in the possession or control of an auditor… if [TGM] or such a public accountant can reasonably require. and that relates to recordings. An audit clause is essentially an agreement to make documents available. . . .