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<br />6.2C <br />Page 8 <br /> <br />Contractor may jointly revise or terminate this agreement, with approval of both agencies, as <br />future needs dictate. <br /> <br />Monitoring and Audit records <br /> <br />Contactor agrees to provide Samaritan House or any County, Federal or State department <br />having monitoring or review authority relevant to this agreement, andlor their appropriate audit <br />agencies upon reasonable notice, access to and the right to examine all records and documents <br />necessary to determine compliance with relevant Federal, State, and local statutes, rules and <br />regulations, and to evaluate the quality, appropriateness and timeliness of services performed. <br /> <br />Samaritan House will maintain copies of all required forms for State and Federal auditing <br />purposes as required by this funding source CARRA - HPRP). Samaritan House will adhere to <br />the HPRP confidentiality and records security policy (Exhibit B). <br /> <br />Indemnification <br /> <br />a. Contractor agrees to indemnify and defend Samaritan house, its officers, employees, from <br />any and all claims, damages and liabilities in any way occasioned by or arising out of the <br />performance of its obligations under this MOU. The duty of Contractor to indemnify <br />shall include the duty to defend as set forth in see 2778 of the California Civil Code. <br />b. Samaritan House agrees to indemnify and defend Contractor, its officers, and employees, <br />from any and all claims, damages and liabilities in any way occasioned by or arising out of <br />the performance of services pursuant to this MOU. The duty of Samaritan House to <br />indemnify shall include the duty to defend as set forth in sec 2778 of the California Civil <br />Code. <br />c. Partial Invalidity: If any provision in this MOU is held by a court of competent <br />jurisdiction to be invalid, void, or unenforceable, the remaining provisions will <br />nevertheless continue in full force without being impaired or invalidated in any way. <br />d. Contractor agrees to reimburse Samaritan House for funds disbursed for HPRP activities <br />that are found to be ineligible under the HUD or HCD regulations or fraudulent under <br />this agreement. <br /> <br />Signed: <br /> <br />Kitty Lopez <br />Executive Director <br />Samaritan House of San Mateo <br />County <br /> <br />Date <br /> <br />Teri Chin <br />Human Services Manager <br />Fair Oaks Community Center <br /> <br />Date <br /> <br />Fair Oaks Community Center - COUNTY HCD HPRP funding; November 1, 2009-September 30. 2011 <br /> <br />4 <br />