9.4  Right of Agency to Monitor

(a)  The Agency shall be entitled to inspect, check, test and monitor the Project and the Facilities during the construction period and the Operating Period. The purpose of such monitoring shall be to determine whether the Facilities are being designed, rehabilitated, constructed, integrated, tested, commissioned, operated and maintained in accordance with the terms of this Agreement.

(b)  The Company shall allow the Agency, the Independent Verifier or their duly authorized representatives to conduct such inspection and monitoring during normal business hours upon reasonable prior written notice to the Company. The monitoring and review shall be conducted in the presence of a duly designated representative of the Company. All costs incurred by the Agency in exercising its monitoring rights pursuant to this Section shall be borne solely by the Agency.

(c)  The Parties shall use all reasonable efforts to minimize any disruption to the delivery of the Services during a Service inspection.

(d)  The Company shall ensure that the Agency or its agent or representative is given sufficient access to any part of the Facilities to carry out a Service inspection. For this purpose, the Company shall:

(i)  provide assistance and make available equipment or materials as may be reasonably required; 

(ii) not make any part of the Facilities inaccessible; and

(iii)  promptly correct any deficiency identified by the Agency or its agent during such Service inspection.