1 Sub-hubco shall retain and maintain all the records (including superseded records) referred to in Section 2 (Records to be Kept) of this Schedule Part 19 (Record Provisions) in accordance with this Section 1 (General Requirements) of this Schedule Part 19 (Record Provisions), the requirements of Good Industry Practice, in chronological order, in a form that is capable of audit and at its own expense. Sub-hubco shall make such records available for inspection to the Authority where it has reasonable cause for requiring such records, on giving reasonable notice shall provide such facilities as the Authority may reasonably require for its representatives to visit any place where the records are held and examine the records maintained under this Schedule Part 19 (Record Provisions).
2 Wherever practical, original records shall be retained and maintained in hard copy form. True copies of the original records may be kept by Sub-hubco where it is not practicable to retain original records.
3 Those records relating to the Project Operations (including the design, construction, development, enhancement and maintenance of the Facilities) shall be retained for the duration of the Agreement.
4 Financial and other records (including without limitation all information provided in support of any Change) shall be retained and maintained by Sub-hubco for a period of at least six (6) years after the end of the Project Term in sufficient detail, in appropriate categories and generally in such a manner to enable Sub-hubco to comply with its obligations under Clause 63.1 and where appropriate to enable the data in such records to be entered into the Financial Model so that the output from the Financial Model (on the basis of such data) can be directly compared with the actual financial cashflow and performance of Sub-hubco.
5 Where Sub-hubco wishes to dispose of any records maintained as provided in this Schedule Part 19 (Record Provisions) which are more than fifteen (15) years old, or in respect of which the required period for their retention has expired, then Sub-hubco shall notify the Authority and if, within forty (40) Business Days of such notice, the Authority elects to receive certain of those records, then Sub-hubco shall deliver up such records to the Authority in the manner and at the location as the Authority shall reasonably specify, and the costs of retaining those records in safe storage and delivering up the same shall be borne by Sub-hubco.
6 Subject to paragraph 5, for a period of not more than six (6) years following the termination for whatever reason of this Agreement, Sub-hubco shall retain in safe storage all such records as are referred to in Section 2 (Records to be Kept) of this Schedule Part 19 (Record Provisions) which were in existence at the date of termination of this Agreement. On the expiry of such period or at the earlier request of the Authority (and the Parties acknowledge that such a request shall be deemed to have been issued by the Authority upon the occurrence of any of the events set out in Clause 40.1.1 whether prior to or following termination of this Agreement), Sub-hubco shall deliver up all those records (or where those records are required by statute to remain with Sub-hubco or a Contracting Associate of Sub-hubco, copies thereof) to the Authority in the manner and at the location as the Authority shall reasonably specify. The Authority shall make available to Sub-hubco all the records Sub-hubco delivers up pursuant to this paragraph subject to reasonable notice. The costs of retaining those records in safe storage and delivering up the same shall be borne:
6.1 by Sub-hubco where the termination arises as a result of a Sub-hubco Event of Default; and
6.2 by the Authority where the termination arises for any other cause.
7 Without prejudice to the foregoing, Sub-hubco shall provide the Authority:
7.1 as soon as they may be available and in any event within sixty (60) Business Days after the end of the first six (6) months of each financial year of Sub-hubco which falls during the Project Term, a copy, certified as a true copy by an officer of Sub-hubco, of its unaudited interim accounts and, if appropriate, of consolidated unaudited interim accounts of Sub-hubco, its Subsidiaries and Holding Company (if any) which would (if Sub-hubco were listed on the London Stock Exchange whether or not it is) be required to be sent to shareholders as at the end of and for each such six (6) month period; and
7.2 as soon as they shall have been sent to its shareholders in order to be laid before an annual general meeting of Sub-hubco but not later than one hundred and thirty (130) Business Days after the end of each accounting reference period of Sub-hubco part or all of which falls in a Contract Year, a copy of Sub-hubco's audited accounts and if appropriate, of the consolidated audited accounts of Sub-hubco and, its Associated Companies (if any), in respect of that period, prepared in accordance with the Companies Act 1985 and generally accepted accounting principles and bases in Scotland, consistently applied together with copies of all related directors' and auditors' reports and all other notices/circulars to shareholders.
8 Sub-hubco shall provide to the Authority on 31 March, 30 June, 30 September and 31 December each year a document listing all information provided by it to the Senior Funders during the preceding three month period and, at the request of the Authority, provide to the Authority any information provided to it by the Senior Funders during the Project Term and any other information relating to the Project that the Authority may reasonably require.
9 Any drawings required to be made or supplied pursuant to this Agreement shall be of a size appropriate to show the detail to be depicted clearly without magnifying aids and shall conform to British Standards 1192 or 308 or equivalent as appropriate. Where by prior agreement the Authority has agreed to accept microfilm, microfiche or other storage media (which must include secure back up facilities), drawings and other documents shall be made or supplied in such form as has been agreed.
10 Upon termination or expiry of this Agreement, and in the event that the Authority wishes to enter into another contract for the operation and management of the Project, Sub-hubco shall (and shall ensure that the sub-contractors will) comply with all reasonable requests of the Authority to provide information relating to Sub-hubco's costs of operating and maintaining the Project.
11 Sub-hubco shall use all reasonable endeavours to assist the Authority in its preparation of any report and/or return required pursuant to regulations, directions or guidance applicable to the Authority (in each case as amended, replaced or consolidated from time to time) or as required by external agencies including without limitation, reports and returns regarding the physical condition of the Facilities, health and safety, under the Fire (Scotland) Regulations 2005 and the Fire Safety (Scotland) Regulations 2006, relating to environmental health [and to comply with The NHS and You or any document replacing it] or required by the Scottish Government Health Directorate], the Scottish Government or the Scottish Futures Trust from time to time.