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<br />6.3C <br />Page 19 <br /> <br />ATTACHMENT 3 <br /> <br />administrator to carry out Employer's Prefunding Plan. Any and all costs associated <br />with such appointment shall be paid from the assets attributable to contributions by <br />Employer. <br /> <br />(9) If Employer should breach the representation and warranty set forth in Paragraph <br />A., the Board shall take whatever action it deems necessary to preserve the tax-exempt <br />status of the Prefunding Plan. <br /> <br />I. General Provisions <br /> <br />(1) Books and Records. <br /> <br />Employer shall keep accurate books and records connected with the performance of <br />this Agreement. Employer shall ensure that books and records of subcontractors, <br />suppliers, and other providers shall also be accurately maintained. Such books and <br />records shall be kept in a secure location at the Employer's office(s) and shall be <br />available for inspection and copying by CalPERS and its representatives. <br /> <br />(2) Audit. <br /> <br />(a) During and for three years after the term of this Agreement, Employer <br />shall permit the Bureau of State Audits, CalPERS, and its authorized <br />representatives, and such consultants and specialists as needed, at all <br />reasonable times during normal business hours to inspect and copy, at the <br />expense of CaIPERS, books and records of Employer relating to its <br />performance of this Agreement. <br /> <br />(b) Employer shall be subject to examination and audit by the Bureau of State <br />Audits, CaIPERS, and its authorized representatives, and such <br />consultants and specialists as needed, during the term of this Agreement <br />and for three years after final payment under this Agreement. Any <br />examination or audit shall be confined to those matters connected with the <br />performance of this Agreement, including, but not limited to, the costs of <br />administering this Agreement. Employer shall cooperate fully with the <br />Bureau of State Audits, CalPERS, and its authorized representatives, and <br />such consultants and specialists as needed, in connection with any <br />examination or audit. All adjustments, payments, and/or reimbursements <br />determined to be necessary by any examination or audit shall be made <br />promptly by the appropriate party. <br /> <br />(3) Notice. <br /> <br />(a) Any notice, approval, or other communication required or permitted under <br />this Agreement will be given in the English language and will be deemed <br />received as follows: <br /> <br />Rev 12/01/2009 7 <br />