3.3  Open book commitment

(a)  Each Party commits to:

(1)  maintain, for at least the Relevant Period, all of their records and other documentation referred to in this Agreement that relate to the Services in accordance with, where applicable, good accounting practices, standards and procedures;

(2)  make their records and other documentation referred to in this Agreement that relate to the Services available to each other (or each other's nominated auditor) on request; and

(3)  make available to each other (or each other's nominated auditor) any existing documentation or information in whatever form relating to the Services.

(b)  The obligation to make records and documentation available does not apply to records or documentation that may be the subject of legal professional privilege or are confidential lawyer/client communications.

(c)  For the purposes of this clause 3.3, all of the references to the nominated auditor of the Project Owner will include the Auditor-General of the State of Victoria.