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(4) MODIFICATION OF CONTRACT <br /> Either party may request modification of the provisions of this Agreement. Changes, <br /> which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each <br /> of the parties hereto, and attached to the original of this Agreement. Notwithstanding the <br /> foregoing, any budget changes which do not increase the overall cost of the project or change the <br /> Scope of Work do not require a written modification to this Agreement. <br /> (5) RECORDKEEPING <br /> (a) As applicable, Recipient's performance under this Agreement shall be <br /> subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local <br /> Governments " (53 Federal Register 8034) or OMB Circular No . A- 110, " Grants and Agreements <br /> with Institutions of High Education, Hospitals, and Other Nonprofit Organizations, " and either <br /> OMB Circular No . A-87 , "Cost Principles for State and Local Governments, " OMB Circular No . <br /> A-21 , " Cost Principles for Educational Institutions, " or OMB Circular No . A- 122, "Cost Principles <br /> for Nonprofit Organizations . " If this Agreement is made with a commercial (for-profit) <br /> organization on a cost-reimbursement basis , the Recipient shall be subject to Federal Acquisition <br /> Regulations 31 .2 and 931 .2 <br /> (b) The Recipient shall retain sufficient records demonstrating its compliance <br /> with the terms of this Agreement, and the compliance of all subcontractors or consultants to be <br /> paid from funds provided under this Agreement, for a period of five years from the date the audit <br /> report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor <br /> General access to such records upon request. The Recipient shall ensure that audit working papers <br /> are made available to the Division or its designee, Chief Financial Officer, or Auditor General <br /> upon request fora period of five years from the date the audit report is issued, unless extended in <br /> writing by the Division, with the following exceptions : <br /> 1 . If any litigation, claim or audit is started before the expiration of the <br /> five year period and extends beyond the five year period, the records will be maintained until all <br /> litigation, claims or audit findings involving the records have been resolved. <br /> 2 . Records for the disposition of non-expendable personal property valued <br /> at 55 ,000 or more at the time of acquisition shall be retained for five years after final disposition. <br /> 3 . Records relating to real property acquisition shall be retained for five <br /> years after closing of title. <br /> (c) The Recipient shall maintain all records for the Recipient and for all <br /> subcontractors or consultants to be paid from funds provided under this Agreement, including <br /> supporting documentation of all program costs, in a form sufficient to determine compliance with <br /> the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments <br /> B and B- 1 , and all other applicable laws and regulations. <br /> 2 <br />