Agdapkt 2010-12-06 clsd and regular

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6.3A Page 45 , 'I 1 accounting systems of Contracto� and to make copies of any documents relevant to this 2 Agreement. 3 9.08 RETENTION OF RECORDS 4 Records and data required to be maintained that are specifically directed to be retained 5 shall be retrieved by Contractor and made available to the Authority upon request. 6 Records and data required to be maintained that are not specifically directed to be 7 retained that are, in the sole opinion of the Authority, material to the rate setting or to a 8 determination of Contractor's performance under this Agreement, shall be retrieved by 9 Contractor and made available to the Authority upon request. 10 Records and data required to be maintained that are not specifically directed to be I1 retained and that are not material to a rate setting and/or not required for the 12 determination of Contractor's performance do not need to be retrieved by Contractor. In 13 such a case, however, the Authority may make reasonable assumptions regarding what 14 information is contained in such records and data, and such assumption shall be 15 conclusive in whatever action the Authority takes. 16 9.09 ADVERSE INFORMATION 17 A. Reporting Adverse Information. Contractor shall provide the Authority finro copies 1 g (one to the Authority Executive Director, one to the Authority Legal Counsel) of all 19 reports, pleadings, applications, notifications, Notices of Violation, communications 2p or other material relating specifically to Contractor's performance of services 21 pursuant to this Agreement, submitted by Contractor to, or received by Contractor 22 from, the United States or Califomia Environmental Protection Agency, the California 23 Integrated Waste Management Board, the Securities and Exchange Commission or 24 any other federal, state or local agencies, including any federal or state court. 25 Contractor shall also notify the Authority of any criminal charges for violation of any 26 federal or state environmental law or antitrust law or for fraud or similar matters 2'7 initiated hereafter against any management employee of Contractor or its affiliates 28 that have direct or indirect responsibility for administration of Contractor's 29 performance of services under this Agreement. Copies shall be submitted to the 30 Authority simultaneously with Contractor's filing or submission of such matters with 31 said agencies. Contractor's routine correspondence to said agencies need not be 32 routinely submitted to the Authority, but shall be made available to the Authority 33 promptly upon the Authority's written request. 34 B. Failure to Report. The refusal or failure of Contractor to file any required reports, or 35 to provide required information to the Authority, or the inclusion of any materially 36 false or misleading statement or representation by Contractor in such report shall be 37 deemed a breach of this Agreement, and shall subject Cvntractor to all remedies 3g available to the Authority, including Liquidated Damages as shown on Attachment 39 10. Operating Agreement for Shoreway Center Page - 36 - 7/30/09