1. The Project Agreement, its Schedule and the Project Documents including all amendments to such agreements.
2. Project Co shall at all times maintain a full record of particulars of the costs of performing the Project Operations, including those relating to the design, construction, maintenance, operation and finance of the Facilities. This shall require Project Co to keep (and where appropriate to procure that the sub-contractors shall keep) books of account in accordance with best accountancy practice with respect to the Agreement showing in detail:
(a) administrative overheads;
(b) payments to Sub-Contractors and to sub-contractors;
(c) capital and revenue expenditure;
(d) such other items as the Board may reasonably require to conduct cost audits for verification of cost expenditure or estimated expenditure, for the purpose of Clause 41.12 (Compensation), Part 22 of the Schedule (Variation Procedure), Clause 39 (Changes in Law) and Part 17 of the Schedule (Market Testing Procedures),
and Project Co shall have (and procure that the sub-contractors shall have) the books of account evidencing the items listed in paragraphs (i) to (iv) available for inspection by the Board (and any expert) upon reasonable notice, and shall present a report of these to the Board as and when requested.
3. All other documents, software or other information expressly referred to in this Agreement.
4. Records relating to the appointment and supersession of the Board's Representative and Project Co's Representative.
5. Project Data.
6. Documents, drawings, design data or submissions raised in accordance with Part 10 of the Schedule (Review Procedure).
7. Documents relating to planning applications, consents, refusals and appeals.
8. Records relating to any specialist or statutory inspections of the Facilities, including any roadways.
9. Notices, reports, results and certificates relating to completion of the Works and completion of the commissioning activities.
10. All operation and maintenance manuals and a full record of all maintenance procedures carried out during the Project Term.
11. Documents relating to events of Force Majeure, Delay Events and Relief Events and the consequences of the same.
12. All formal notices, reports or submissions made to or received from the Board's Representative in connection with the provision of Services, the Monitoring of Performance [or the Availability of the Facilities].
13. All certificates, licences, registrations or warranties related to the provision of Services.
14. Documents in support of claims for Services Payments.
15. Documents submitted in accordance with Part 22 of the Schedule (Variation Procedure) and all documents provided in support.
16. Documents related to referrals to the Dispute Resolution Procedure.
17. Documents related to change in ownership or any interest in any or all of the shares in Project Co [and/or HoldCo].
18. Documents relating to the rescheduling of the indebtedness of Project Co or refinancing of the Project.
19. Tax invoices and records related to Value Added Tax.
20. Financial records, including audited and unaudited accounts of [HoldCo and] Project Co and related reports.
21. Documents relating to Market Testing.
22. Records required by Law (including in relation to Health and Safety matters and health and safety files prepared pursuant to CDM Regulations) and all Consents.
23. Documents relating to insurance and insurance claims.
24. All other records, notices or certificates required to be produced and/or maintained by Project Co pursuant to this Agreement or any Project Document.
25. Records of all persons employed by Project Co or its sub-contractors and who are wholly or mainly engaged in the delivery of Services, including information equivalent to that referred to in Part 30 of the Schedule (TUPE and Employment) and identifying any person who is a Pensionable Board Employee.
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225 The Records to be kept by Project Co are to be determined on a project specific basis, but should include those items listed in this Section.