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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 of the <br /> parties hereto, and attached to the original of this Agreement. <br /> (5) RECORDKEEPING <br /> (a ) As applicable, Recipient's performance under this Agreement shall be subject to the <br /> federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 <br /> Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High <br /> Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost <br /> Principles for State and Local Governments , " OMB Circular No . A-21 , "Cost Principles for Educational <br /> Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations ." If this Agreement <br /> is made with a commercial (for-profit) organization on a cost-reimbursement basis , the Recipient shall be <br /> subject to Federal Acquisition Regulations 31 .2 and 931 .2 . <br /> (b) The Recipient shall retain sufficient records demonstrating its compliance with the <br /> terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds <br /> provided under this Agreement, for a period of five years from the date the audit report is issued , and <br /> shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records <br /> upon request. The Recipient shall ensure that audit working papers are made available to the Division <br /> designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date <br /> the audit report is issued , unless extended in writing by the Division the following exceptions : <br /> 1 . If any litigation, claim or audit is started before the expiration of the five year <br /> period and extends beyond the five year period , the records will be maintained until all litigation , claims or <br /> audit findings involving the records have been resolved . <br /> 2 . Records for the disposition of non-expendable personal property valued at <br /> $5,000 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 years <br /> after closing of title. <br /> 2 <br />