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parties related to the Project remain unreimbursed, whichever is later. Beginning on the <br /> Effective Date, Developer shall replenish the Evergreen Deposit by depositing on or before the <br /> last day of each month the full amount of all invoices delivered by City to Developer within the <br /> previous month. Thus, for example, on or before March 1, 2015, Developer would replenish the <br /> Evergreen Deposit by depositing the sum of all invoices submitted by City to Developer during � <br /> the month of February, 2015. <br /> (b) In the event City determines that total invoices for any particular three- <br /> month period are likely to exceed $50,000, City may request that Developer increase the total <br /> funds available in the Evergreen Deposit accordingly. If Developer does not agree to increase <br /> the deposited amount, City may adjust its work schedule, including through the adjustment of <br /> project deadlines, so as not to exceed the amount available in the Evergreen Deposit. <br /> (c) The Parties acknowledge that deposits to the Evergreen Deposit are not a <br /> "source of income" within the meaning of the California Political Reform Act (pursuant to <br /> California Government Code Section 87103.6). <br /> (d) In no event shall City or its Consultants be obligated to perform any work <br /> in connection with Developer's proposal for the Project, including but not limited to City review, <br /> evaluation, consideration, processing of Developer's proposal, and negotiation, analysis, drafting <br /> and implementation of any agreements related to the Project, where: (1) Developer is delinquent <br /> in the initial funding of, or any required replenishment of, the Evergreen Deposit required by <br /> Subsections 4.02(a) & (b), above; (2) the actual costs associated with City staff time andlor <br /> Consultant work has exceeded the amount being held by City in the Evergreen Deposit to cover <br /> such costs; or(3) Developer is otherwise in breach of this Agreement in any respect. <br /> (e) Upon termination of this Agreement, City shall have a reasonable time to <br /> seek and receive from Developer all remaining and outstanding reimbursements to which it is <br /> entitled under this Agreement. Once all remaining and outstanding reimbursements have been <br /> paid to City by Developer, City shall return to Developer any remaining unused portion of the <br /> Evergreen Deposit. <br /> Section 4.03. Recordkeeping and Audits. <br /> (a) City shall maintain records with respect to the review performed by City <br /> and its Consultants under this Agreement (the "Records") in accordance with City's current <br /> procedures. City shall retain such Records for the period required by law. The Records shall <br /> include official documentation evidencing the charges to support all costs. <br /> (b) City will make available to Developer all Records excluding attorney <br /> client, work product, and other confidential or protected information and documents, within a <br /> reasonable time after request for examination of such records is provided to City. If any audit <br /> reveals inaccuracies in billings or payments, the necessary adjustments to correct the <br /> inaccuracies shall be made. <br /> Page 4 of 70 <br /> 82483.00019\9492109.3 <br />