of the Contractor, nor any member of his or her immediate family is a KSU employee, and (3) no employee of the Contractor performing services pursuant to this Contract, nor any member of that employee's immediate family, is a KSU employee.
This subsection does not apply to governmental or quasi-governmental entities.
The Contractor certifies that neither he or she, nor any member of his or her immediate family, has an interest of 10% or more in any business entity involved in the performance of this Contract or has contributed more than the amount specified in KRS 121.056(2) to the campaign of the gubernatorial candidate elected in the election last preceding the date of this Contract. The Contractor further swears under the penalty of perjury, as provided for by KRS 523.020, that neither he or she, nor the company which he or she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to him or her, or the company which he or she represents, will not violate any provisions of the campaign finance laws of the Commonwealth of Kentucky.
The Contractor, as defined in KRS 45A.030, agrees that KSU, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence that are directly pertinent to this Contract for the purpose of a financial audit or program review. The Contractor also recognizes that any books, documents, papers, records, or other evidence received during a financial audit or program review shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. Records and other prequalification information confidentially disclosed as part of the bid process shall not be deemed as directly pertinent to the Contract and shall be exempt from disclosure as provided in KRS 61.878(1)(c).
KSU shall be informed by the Contractor of any audit by the Contractor of its records and operations at KSU. KSU shall receive a full report of any such audits (e.g., notification of the completion of any required audits, any adverse findings which impact this Contract). KSU or its designee shall have the right to conduct its own audit of the Contractor’s records as they relate to this Contract by providing seven (7) business days’ prior written notice to the Contractor. KSU shall notify the Contractor, in writing, of any deficiency in their accounting procedures made known as a result of any such audit. If KSU shall uncover any billing discrepancies of more than one (1) percent, the cost of any such audit shall be at the Contractor’s expense.
This subsection does not apply to governmental or quasi-governmental entities.
If either Party deems it necessary to take legal action to enforce any provision of the Contract, and KSU prevails, the Contractor agrees to pay all reasonable expenses of such action, including any reasonable attorneys' fees and costs incurred at any stage of litigation.
This subsection does not apply to governmental or quasi-governmental entities.