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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 /> This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon <br /> sixty (60) days written notice . However and notwithstanding the foregoing, the <br /> DEPARTMENT may terminate this Agreement in the event of the following : <br /> A) 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 . <br /> B ) If the DEPARTMENT requires termination of the Agreement for any reason <br /> whatsoever in the sole discretion of the DEPARTMENT, the DEPARTMENT shall <br /> notify the COUNTY of such termination , with instructions to the effective date of <br /> termination or specify the stage of work at which the Agreement is to be terminated . <br /> C ) 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 /> Page 13 <br />