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to Contractor's performance or failure to perform under this Agreement. Contractor will, <br /> upon demand by City, pay City the full amount owing to City or to the United States <br /> Government as a result of any such audit exception. <br /> City will monitor Contractor's Project and expenditures made pursuant to this <br /> Agreement quarterly to verify Contractor's compliance with this Agreement and local <br /> and federal contract requirements. Contractor shall cooperate with City and provide all <br /> documents and information requested by City in a timely and accurate fashion. <br /> 9. RECORD RETENTION: Contractor shall retain all financial, supporting <br /> documents, statistical records, and all other records pertinent to the Agreement for a <br /> period of four (4) years. The retention period begins on the date of the submission of <br /> the City's Comprehensive Annual Performance & Evaluation Report (CAPER) to HUD <br /> in which the activities assisted under the Agreement are reported on for the final time. <br /> Notwithstanding the above, if there is litigation, claims, audits, negotiations or other <br /> actions that involve any of the records cited, and that have started before the expiration <br /> of the four-year period, then such records must be retained until completion of the <br /> actions and resolution of all issues, or the expiration of the four year period, whichever <br /> occurs later. <br /> 10. ACCESS TO RECORDS Contractor shall furnish and cause each of its <br /> own subrecipients and/or subcontractors to furnish all information and reports required <br /> hereunder and will permit access to its books, records and accounts by City, HUD, or its <br /> agent, or other authorized Federal officials for purposes of investigation to ascertain <br /> compliance with the rules, regulations and provisions stated herein. <br /> 11. TERMINATION. Either party may terminate this Agreement without cause <br /> at any time during the term hereof by giving the other party not less than thirty (30) days <br /> prior written notice of such termination. In the event of such termination, Contractor will <br /> submit a final invoice for any expenditure incurred up to and including the date of <br /> ATTY/AGRI2011.095/CDBG PENINSULA FAMILY SERVICE � <br /> 091211 4 <br />