Cma Case Study

35.4 The plan shall be updated as necessary throughout the EPC Contract, to reflect any changes to CONTRACTOR's documented quality system.

35.5 CONTRACTOR's documented quality system shall provide for the issuance of a "Stop Work" order by CONTRACTOR or CMA at any time during the Work, when significant adverse quality trends and/or deviations from the approved Quality Assurance Plan are found.
35.6 CMA reserves the right to perform Quality Assurance Audits of CONTRACTOR's approved Quality Assurance Plan, including Subcontractors and Subsubcontractors, at any stage of the Work.

GC-36 RECORDS AND AUDIT

36.1 CONTRACTOR shall keep full and detailed books, construction logs, records, daily reports, schedules, accounts, payroll records,
receipts, statements, electronic files, correspondence and other pertinent documents ("Books and Records") as may be necessary for proper management under this EPC Contract, as required under Applicable Law or this EPC Contract, and in any way relating to this EPC Contract. CONTRACTOR shall maintain all such Books and Records in accordance with GAAP and shall retain all such Books and Records for a minimum period of three (3) years after Final Acceptance for such Work, or such greater period of time as may be required under Applicable Law.

36.2 CMA shall have the absolute right without notice to have audited, CONTRACTOR's Books and Records by CMA's third party auditors but only to the extent necessary to validate payments made to CONTRACTOR or invoiced by CONTRACTOR on the basis of time and material rates or cost reimbursable basis.
With respect to Work performed on a cost reimbursable basis, such audit rights shall not apply to the composition of any mark-ups, unit rates, fixed percentages or multipliers included in this EPC Contract. When requested by CMA, CONTRACTOR shall provide CMA's auditors with access to all such relevant Books and Records, and CONTRACTOR's personnel shall cooperate with such auditors to effectuate the audit or audits hereunder. CMA shall have the right upon consent of CONTRACTOR (such consent not to be unreasonably withheld or delayed) to have the auditors copy all such Books and Records. CONTRACTOR shall include audit provisions identical to this in all Major Subcontracts and Major Subsubcontracts. No access to Books and Records shall be granted to CMA's auditors until such auditors have signed a confidentiality agreement with CONTRACTOR in accordance with the standard practice in the auditing industry for audits of this
kind.

36.3 Within a reasonable period of time following a request by CMA, CONTRACTOR shall provide CMA's third party auditors with any information (including Books and Records) regarding quantities and descriptions of any equipment installed on or ordered for the Facility and any other information as CMA's third party auditors may deem reasonably necessary in connection with the preparation of CMA's Tax returns (including information reasonably required to determine the amount of Qualified Research Expenditures incurred in connection with the Work) or other Tax documentation in connection with the Project; provided, however, if, in connection with such preparation, CMA's third party auditors request information relating to the actual cost for any item of Work and such item of Work is included in the EPC Contract Price or in any lump sum Change Order, CONTRACTOR shall provide such information to CMA's third party auditors as provided herein.
No access to the aforementioned information (including Books and Records) shall be granted to CMA's auditors until such auditors have signed a confidentiality agreement with CMA in accordance with the standard practice in the auditing industry for audits of this
kind.
36.4 If CMA establishes uniform codes of accounts for the Project, CONTRACTOR shall use such codes in identifying its records and accounts.

36.5 CONTRACTOR shall not, and shall provide that its Subcontractors and Subsubcontractors and agents or employees of any of them shall not, without CMA's prior written approval, (i) pay or receive any commissions or fees, or grant any rebates, from or to any supplier of any goods or services for the Work or to any employee or officer of CMA or their Affiliates, (ii) favor employees or officers of same with gifts or entertainment of a significant cost or value, or (iii) enter into any business arrangements with employees or officers of same.

GC-37 WARRANTY I DEFECT CORRECTION PERIOD

37.1 CONTRACTOR warrants that:

(1) The Work, including all materials and equipment, and each component thereof, shall be new (unless otherwise specified in this EPC Contract) and of good quality, CMA shall require CONTRACTOR to provide CMA with data sheets on all equipment prior to purchase. CMA reserves the right to reject proposed equipment outside of CMA's preferred vendor and equipment list.
(2) The Work (including all materials and equipment) shall be in accordance with all of the requirements of this EPC Contract, including in accordance with GECP, Applicable Law and applicable codes and standards; and
(3) The Work (including all materials and equipment) shall be free from encumbrances to title.