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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 />subcontractors to furnish all information and reports required hereunder and will permit <br />access to its books, records and accounts by City or its agent for purposes of investigation <br />to ascertain 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 />in the same manner as for breach hereof. Any material deviation by Contractor for any <br />reason from the requirements thereof, orfrom any other provision of this Agreement, shall <br />constitute a breach of this Agreement and may be cause for termination at the election of <br />City. City may terminate this Agreement for cause after giving Contractor notice of any <br />breach or default and sixty (60) days to cure said breach or default, provided however, <br />that in the event such breach or default cannot be cured within sixty (60) days, Contractor <br />shall have such additional time to cure said default as is reasonably required, provided <br />that Contractor has commenced to cure within the initial sixty (60) day period and is <br />diligently prosecuting the cure. <br />City reserves the right to waive any and all breaches of this Agreement, and any <br />such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the <br />event City chooses to waive a particular breach of this Agreement, it may condition the <br />ATTY/AGR/2018.027/MIDPEN MOSAIC GARDENS (ATHERTON COURT) <br />REV: 02-22-18 JS <br />Page 10 of 41 <br />