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<br />Audit Services <br /> <br />MMC's Compensation for providing Audit Services shall be a contingency fee of 45% of the <br />additional revenue realized by Redwood City from the services. The 45% contingency fee shall <br />apply to the deficiency identified and recovered together with all applicable penalties, interest, <br />and fees. Said 45% only applies to applicable penalties and interest if those are collected by the <br />City. <br /> <br />REDWOOD CITY OBLlGA liONS <br /> <br />Redwood City agrees to use diligent efforts, or to assist MMC, in the collection of identified <br />deficiencies identified by MMC. Redwood City agrees to notify MMC within 10 days following <br />receipt by Redwood City of any payments resulting from MMC's discovery service. MMC shall <br />invoice Redwood City for the above fee on no less frequently than a quarterly basis, based on <br />recoveries actually received by Redwood City. Because MMC's Tax Compliance Service may <br />result in collection of deficiencies after termination of the Agreement, Redwood City's obligation <br />to collect fees and notify MMC, and MMC's right to continue to receive payment, shall survive <br />termination of the Agreement for any reason. <br /> <br />Redwood City shall have the right, at Redwood City's option, to elect not to proceed with <br />recovery of any identified deficiencies. Such election shall not include deficiencies that are <br />uncollectable due to insolvency or dissolution of the entity liable, or for deficiencies which are <br />otherwise incapable of collection (e.g. statute of limitations expiration). For deficiencies <br />otherwise collectable but for which Redwood City elects not to collect, Redwood City shall notify <br />MMC of its intention not to pursue collection of said deficiencies. In such instances where MMC <br />has provided discovery and/or audit services and the City waives collection of finding(s), MMC <br />shall be entitled to compensation at the rate of one-half ('~) of the fee otherwise applicable to <br />the deficiency. <br />