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Contractor's performance or failure to perform under this Agreement. Contractor will, <br />upon demand by City, pay City the full amount owing to City or to the United States <br />Government as a result of any such audit exception. <br />City will monitor Contractor's Project and expenditures made pursuant to this <br />Agreement annually to verify Contractor's compliance with this Agreement and local and <br />federal contract requirements, provided that City may monitor more frequently as City or <br />HUD deems necessary. Contractor shall cooperate with City and provide all documents <br />and information requested by City in a timely and accurate fashion. <br />10. RECORD RETENTION. Contractor shall retain all financial, supporting <br />documents, statistical records, and all other records pertinent to the Agreement for a <br />period of five (5) years from the end of the Loan Term. Notwithstanding the above, if there <br />is litigation, claims, audits, negotiations or other actions that involve any of the records <br />cited, and that have started before the expiration of the five-year period, then such records <br />must be retained until completion of the actions and resolution of all issues, or the <br />expiration of the five-year period, whichever occurs later. <br />11. ACCESS TO RECORDS. Contractor shall furnish and cause each of its own <br />subrecipients and/or subcontractors to furnish all information and reports required <br />hereunder and will permit access to its books, records and accounts by City, HUD, or its <br />agent, or other authorized Federal officials for purposes of investigation to ascertain <br />compliance with the rules, regulations and provisions stated herein. <br />12. TERMINATION. In the event Contractor is unable to materially fulfill its <br />responsibilities under this Agreement for any reason whatsoever, including <br />circumstances beyond its control, City may terminate this Agreement in whole or in part <br />ATTY/AGR/2017.145/ STAFFORD FUNDING AGREEMENT <br />REV: 06-21-171S <br />Page 8 of 41 <br />