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6.1 F <br />Page 26 <br />deposit the requested funds within thirty (30) days of City's request for additional funds; in the <br />event that a deposit is not made City may suspend processing until the requested funds are <br />deposited or terminate the processing if the funds are not received by City within 90 days of said <br />request. <br />(e) The Parties acknowledge that the Payment Advances are not a "source of income" <br />within the meaning of the California Political Reform Act (pursuant to California Government <br />Code Section 87103.6). <br />Section 4.04. Recordkeepin~ and Audits <br />(a) City shall maintain records in accordance with City's current procedures with respect <br />to the services performed by City and its Consultants under this Agreement (the "Records"). <br />City shall retain such Records for the period required by law, or, for'records that are the subject <br />of audit findings, until such audit findings have been resolved. The Records shall include official <br />documentation evidencing the charges to support all costs. <br />(b} At any time during normal business hours, but on no less than forty-eight (4$) hours <br />prior notice by Saltworks to City, City shall make available to Saltworks for examination all <br />Records. City shall permit Saltworks to audit, examine, duplicate and make excerpts or <br />transcripts of the Records. If any audit reveals inaccuracies in billings or payments, the necessary <br />adjustments to correct the inaccuracies shall be made. <br />(c) Nothing in this Agreement shall be construed to require City to provide Saltworks <br />with documents, or portions of documents that are privileged, attorney work product, or attorney- <br />client privileged. <br />ARTICLE 5. MISCELLANEOUS PROVISIONS. <br />Section S.O1. Excusable Delays; Extension of Time of Performance. In the event of <br />delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, <br />riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to <br />perform, or other circumstances beyond the reasonable control of the Parties and which cause <br />substantially interferes with the ability of either Party to perform its obligations under this <br />Agreement, then the time for performance of any such obligation shall be extended for such <br />period of time as the cause of such delay shall exist but in any event not longer than for such <br />period of time. <br />Section 5.02. California Law. This Agreement shall be governed by, and construed in <br />accordance with, the laws of the State of California. <br />Section 5.03. Nature of Commitment. Nothing in this Agreement is or should be <br />construed to be a covenant, promise, or commitment by City (including, without limitation, any <br />agency, board, or commission of the City) to grant any Entitlement or to act to final decision on <br />any Application, nor shall it prevent City (including, without limitation, any agency, board, or <br />commission of the City) from acting on any Application in any manner other than that deemed <br />proper by City. <br />Section 5.04. Termination of Agreement. Saltworks or its successors shall have the <br />right, upon ten (10} days prior written notice to City, to terminate this Agreement if Saltworks <br />ATTY/AG R/2010.04~1 <br />051210 <br />