Common use of Retention and Accessibility of Records Clause in Contracts

Retention and Accessibility of Records. 6.01 Company shall maintain the fiscal records and supporting documentation for expenditures of funds associated with this Agreement. Company shall retain such records, and any supporting documentation for the greater of: (a) Five (5) years from the end of the Agreement period; or (b) The period required by other applicable laws and regulations. 6.02 Company gives City, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining to the Economic Development Program Grant (the “Records”) upon receipt of ten (10) business days written notice from the City. The City’s access to Company’s books and records will be limited to information needed to verify that Company is and has been complying with the terms of this Agreement. Any information that is not required by law to be made public shall be kept confidential by City. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company shall not be required to disclose to the City any information that by law Company is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City reserves the right to require Company to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of Company. The rights to access the Records shall terminate five (5) years after the termination or expiration of this Agreement. Failure to provide reasonable access to the Records to authorized City representatives shall give the City the right to suspend or terminate this Agreement as provided for in Section 5.01 above, or any portion thereof, for reason of default. All Records shall be retained by Company for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company shall maintain the fiscal records and supporting documentation for expenditures of funds associated with this Agreement. Company shall retain such records, and any supporting documentation for the greater of: (a) Five (5) years from the end of the Agreement period; or (b) The period required by other applicable laws and regulations. 6.02 Company gives City, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining to the Economic Development Program Grant (the “Records”) upon receipt of ten (10) business days written notice from the City. The City’s access to Company’s books and records will be limited to information needed to verify that Company is and has been complying with the terms of this Agreement. Any information that is not required by law to be made public shall be kept confidential by City. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company shall not be required to disclose to the City any information that by law Company is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City reserves the right to require Company to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of Company. The rights to access the Records shall terminate five (5) years after the termination or expiration of this Agreement. Failure to provide reasonable access to the Records to authorized City representatives shall give the City the right to suspend or terminate this Agreement as provided for in Section 5.01 above, or any portion thereof, for reason of default. All Records shall be retained by Company for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of funds Incentives associated with this Agreement. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a1) Five (five [5) ] years from the end of the Agreement period; or or (b2) The the period required by other applicable laws and regulations. 6.02 Company gives CityB. DEVELOPER shall, following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant cost of Project (the “"Records”") upon receipt and the expenditure of ten (10) business days written notice from the CityIncentives. The CityCITY’s access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms of this Agreement. Any information that is not required by law to be made public shall be kept confidential by Citythe CITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY or TIRZ any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City CITY reserves the right to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized City CITY representatives shall give the City the right be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company DEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of funds oflncentives associated with this Agreement. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a1) Five (five [5) ] years from the end of the Agreement period; or or (b2) The the period required by other applicable laws and regulations. 6.02 Company gives CityB. DEVELOPER shall, following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant cost of Project (the “"Records”") upon receipt and the expenditure of ten (10) business days written notice from the CityIncentives. The City’s CITY's access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms of this Agreement. Any information that is not required by law to be made public shall be kept confidential by Citythe CITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY or TIRZ any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City CITY reserves the right to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized City CITY representatives shall give the City the right be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company DEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.five

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of funds Incentives associated with this Agreement. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a1) Five (five [5) ] years from the end of the ofthe Agreement period; or or (b2) The the period required by other applicable laws and regulations. 6.02 Company gives CityB. DEVELOPER shall, following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant cost of Project (the “"Records”") upon receipt and the expenditure of ten (10) business days written notice from the CityIncentives. The City’s CITY' s access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms of this Agreement. Any information that is not required by law to be made public shall be kept confidential by CitytheCITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City CITY reserves the right to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized City authorizedCITY representatives shall give the City the right be cause for CITY to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company DEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of funds oflncentives associated with this AgreementAgreement during the Construction Period; provided that following completion of the Project in accordance with Article III above DEVELOPER shall be required to maintain only the fiscal records and supporting documentation for expenditures of the Retail Incentive Loan. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a1) Five (five [5) ] years from the end of the Agreement period; or or (b2) The the period required by other applicable laws and regulations. 6.02 Company gives CityB. DEVELOPER shall, following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant cost of Project (the “"Records”") upon receipt and the expenditure of ten (10) business days written notice from the CityIncentives, excluding, however, the Annual Incremental Property Tax Reimbursements. The City’s CITY's access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms of this Agreement. Any information that is not required by law to be made public shall be kept confidential by Citythe CITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY or TIRZ any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City CITY reserves the right to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. v022014 066156.00111 181993v14 8 CCHIP Agreement - Cellars at the Pearl Failure to provide reasonable access to the Records to authorized City CITY representatives shall give the City the right be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company byDEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of funds Incentives associated with this Agreement. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a1) Five (five [5) ] years from the end of the ofthe Agreement period; or or (b2) The the period required by other applicable laws and regulations. 6.02 Company gives CityB. DEVELOPER shall5 following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant cost of Project (the “"Records”") upon receipt and the expenditure of ten (10) business days written notice from the CityIncentives. The City’s CITY's access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms of this ofthis Agreement. Any information that is not required by law to be made public shall be kept confidential by Citythe CITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City CITY reserves the right to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized City CITY representatives shall give the City the right be cause for CITY to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company DEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company shall maintain the fiscal records and supporting documentation for expenditures of funds associated with this Agreement. Company shall retain such records, and any supporting documentation for the greater of: (a) Five (5) years from the end of the Agreement period; or (b) The period required by other applicable laws and regulations. 6.02 Company gives City, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining to the Economic Development Program Grant (the “Records”) upon receipt of ten (10) business days written notice from the City. The City’s access to Company’s books and records will be limited to information needed to verify that Company is and has been complying with the terms of this Agreement. Any information that is not required by law to be made public shall be kept confidential by City. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees employees, officer or director of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company shall not be required to disclose to the City any information that by law Company is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City reserves the right to require Company to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of Company. The rights to access the Records shall terminate five (5) years after the termination or expiration of this Agreement. Failure to provide reasonable access to the Records to authorized City representatives shall give the City the right to suspend or terminate this Agreement as provided for in Section 5.01 above, or any portion thereof, for reason of default. All Records shall be retained by Company for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of funds Incentives associated with this Agreement. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a1) Five (five [5) ] years from the end of the Agreement period; or or (b2) The the period required by other applicable laws and regulations.. V100815 6 CCHIP Agreement - Pine and ▇▇▇▇ Bungalows 6.02 Company gives CityB. DEVELOPER shall, following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant cost of Project (the “"Records”") upon receipt and the expenditure of ten (10) business days written notice from the CityIncentives. The City’s CITY's access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms of this Agreement. Any information that is not required by law to be b(? made public shall be kept confidential by Citythe CITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the data provided, the City CITY reserves the right right. to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized City CITY representatives shall give the City the right be cause for CITY and to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company DEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of funds Incentives associated with this Agreement. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a) Five (1)five [5) ] years from the end of the ofthe Agreement period; or or (b2) The the period required by other applicable laws and regulations. 6.02 Company gives CityB. DEVELOPER shall, following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant (cost ofProject(the "Records")and the “Records”) upon receipt of ten (10) business days written notice from the Cityexpenditure ofthe Incentives. The City’s CITY' s access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms of this ofthis Agreement. Any information that is not required by law to be made public shall be kept confidential by Citythe CITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY or TIRZ any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the ofthe data provided, the City CITY reserves the right to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized City CITY representatives shall give the City the right be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company DEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.offive

Retention and Accessibility of Records. 6.01 Company A. DEVELOPER shall maintain the fiscal records and supporting documentation �ocumentation for expenditures of funds Incentives associated with this Agreement. Company DEVELOPER shall retain such records, records and any supporting documentation for the greater of: : (a1) Five (five [5) ] years from the end of the Agreement period; or or (b2) The the period required by other applicable laws and regulations. 6.02 Company gives CityB. DEVELOPER shall, following reasonable advance written notice from the CITY, give the CITY, its designee, or any of their oftheir duly authorized representatives, access to and the right to examine relevant books, accounts, records, audit reports, reports, files, documents, written or photographic material, videotape and other papers, things, or personal and Real Property belonging to or in use by Company pertaining all material records related to the Economic Development Program Grant cost of Project (the “"Records”") upon receipt and the expenditure of ten (10) business days written notice from the CityIncentives. The City’s CITY's access to Company’s books and records the Records will be limited to information needed to verify that Company DEVELOPER is and has been complying with the terms tem1s of this Agreement. Any information that is not required by law to be made public shall be kept confidential by Citythe CITY. In no event shall City’s access to Company’s Records include any access to any personal and/or medical data of any employees of Company except to confirm payroll information compliance for Full-Time Job Equivalents. Company DEVELOPER shall not be required to disclose to the City CITY or TIRZ any information that by law Company DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity of the ofthe data provided, the City CITY reserves the right to require Company DEVELOPER to obtain an independent firm to verify the information. This certified statement by an independent firm shall be provided at the sole cost of CompanyDEVELOPER. The rights to access the Records shall terminate five (5) years after continue as long as the termination or expiration of this AgreementRecords are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized City CITY representatives shall give the City the right be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for in Section 5.01 aboveherein, or any portion thereof, for reason of default. All Notwithstanding Section A above, all Records shall be retained by Company DEVELOPER for a period of five (5) years after all performance requirements are achieved for audit purposes until such audits or other administrative, civil or criminal matters including, but not limited to, investigations, lawsuits, administrative inquiries and open record requests are completed. Company agrees to maintain the Records in an accessible location.offive