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this Agreement, the Declaration of Affordability Covenants, the City <br /> Note and Deed of Trust and transferee's execution of an assignment <br /> and assumption agreement in a form approved by City, or Kainos <br /> shall repay the City Note. City may require, as a condition of City <br /> approval, any other reasonable conditions City determines are <br /> necessary to ensure compliance with the conditions and covenants <br /> under this Agreement, the Declaration of Affordability Covenants, the <br /> City Note and Deed of Trust. <br /> c. Without the written consent of the City Manager, Kainos shall not <br /> assign all or any part of this Agreement or subcontract any of its <br /> services or obligations under this Agreement. <br /> 12. RECORDS <br /> a. Kainos agrees to maintain all records required by 24 CFR 570.5060 <br /> that are pertinent to the activities and services under this Agreement, <br /> and the Declaration of Affordability Covenants. <br /> b. Kainos agrees to provide to City, to any federal or state department <br /> having monitoring or reviewing authority, to City's authorized <br /> representatives and /or their appropriate audit agencies upon <br /> reasonable notice, access to, and the right to examine and audit all <br /> records and documents necessary to determine compliance with <br /> relevant federal, state, and local statutes, rules and regulations, and <br /> this Agreement and the Declaration of Affordability Covenants, and to <br /> evaluate the quality, appropriateness and timeliness of services <br /> performed. <br /> c. Kainos shall retain all financial, supporting documents, statistical <br /> records, and all other records pertinent to this Agreement and the <br /> Declaration of Affordability Covenants for a period of four (4) years. <br /> The retention period begins on the date of the submission of the City's <br /> Comprehensive Annual Performance & Evaluation Report (CAPER) to <br /> HUD in which the activities assisted under the Agreement are reported <br /> on for the final time. Notwithstanding the above, if any litigation, claims, <br /> audits, negotiations or other actions involving any of the records cited <br /> have started before the expiration of the four -year period, then such <br /> records must be retained until completion of the actions and resolution <br /> of all issues, or the expiration of the four year period, whichever occurs <br /> later. <br /> 13. COMPLIANCE WITH APPLICABLE LAWS <br /> All services to be performed by Kainos pursuant to this Agreement <br /> and the Declaration of Affordability Covenants shall be performed by <br /> ATTY /AGR/2010.083 9 <br /> 091610 <br />