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V) PART V : RECORD RETENTION <br /> ( 1 ) The recipient shall retain sufficient records demonstrating its compliance with the <br /> terms of this agreement for a period of at least five years from the date the audit <br /> report is issued, and shall allow the DEPARTMENT, or its designee, the state <br /> CFO or Auditor General access to such records upon request. The recipient shall <br /> ensure that the independent audit working papers are made available to the <br /> DEPARTMENT, or its designee, the state CFO, or Auditor General upon request <br /> for a period of at least five years from the date the audit report is issued, unless <br /> extended in writing by the DEPARTMENT. <br /> 9. TERMINATION AND DEFAULT <br /> A) This Agreement may be canceled by either the COUNTY or the DEPARTMENT <br /> upon sixty (60) days written notice. <br /> B) If the DEPARTMENT determines that the performance of the COUNTY is not <br /> satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating <br /> the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement <br /> that the deficiency be corrected within a specified time, otherwise the Agreement will <br /> be terminated at the end of such time, or (c) taking whatever action is deemed <br /> appropriate by the DEPARTMENT . <br /> C) If the DEPARTMENT requires termination of the Agreement for reasons other than <br /> unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the <br /> COUNTY of such termination, with instructions as to the effective date of termination <br /> or specify the stage of work at which the Agreement is to be terminated. <br /> D) If the Agreement is terminated before performance is completed, the COUNTY shall <br /> be paid only for that work satisfactorily performed for which costs can be <br /> substantiated. Such payment, however, may not exceed an amount which is the same <br /> percentage of the contract price as the amount of work satisfactorily completed is a <br /> percentage of the total work called for by this Agreement. All work in progress will <br /> become the property of the DEPARTMENT and will be turned over promptly by the <br /> COUNTY. <br /> 10, MISCELLANEOUS <br /> A) All words used herein in the singular form shall extend to and include the plural . All <br /> words used in the plural form shall extend to and include the singular. All words used <br /> in any gender shall extend to and include all genders. <br /> B) The DEPARTMENT shall not be obligated or liable hereunder to any party other than <br /> the COUNTY. <br /> C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY <br /> constitute or be construed as a waiver by the DEPARTMENT of any breach of <br /> covenant or any default which may then exist, on the part of the COUNTY, and the <br /> making of such payment by the DEPARTMENT while any such breach or default <br /> exists shall in no way impair or prejudice any right or remedy available to the <br /> DEPARTMENT with respect to such breach or default. <br /> D) This document incorporates and includes all prior negotiations, correspondence, <br /> conversations, agreements, or understandings applicable to the matters contained <br /> herein. The parties agree that all commitments, agreements, or understandings <br /> 10 <br />