Common use of RETENTION OF RECORDS/AUDIT Clause in Contracts

RETENTION OF RECORDS/AUDIT. The Company agrees: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining to jobs filled by third-party employers. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the Company’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of this Agreement. (h) To permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company a written report of its findings and request for development by the Company of a corrective action plan where appropriate. The Company hereby agrees to timely correct all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, number of Permanent Jobs, or amount of private capital investment has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, number of Permanent Jobs, or amount of private capital investment, and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreement, solely at its option, by written notice to the Company.

RETENTION OF RECORDS/AUDIT. The Company Developer agrees: (a) To establish and maintain books, records and documents (including electronic storage media) with respect to itself, any Developer Subsidiaries and the Project sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain retain, with respect to the Project, all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining Agreement with respect to jobs filled by third-party employersthe Project. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the CityCity or the DIA. (c) Upon demand, at no additional cost to the CityCity or DIA, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records all records, supporting documents, statistical records, and any other documents (including electronic storage media) referenced in this Section 19.22 shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the CompanyDeveloper’s and any Developer Subsidiary’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions with respect to the development and operation of the Project are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments any assignment of this Agreement. (h) To Upon reasonable prior notice and during regular business hours, to permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which Developer and any Developer Subsidiary that are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company Developer and any Developer Subsidiary to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company Developer a written report of its findings and request for development by the Company Developer or any Developer Subsidiary of a corrective action plan where appropriate. The Company Developer hereby agrees to timely correct (or cause the applicable Developer Subsidiary to correct) all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, number of Permanent Jobs, or amount of private capital investment has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, number of Permanent Jobs, or amount of private capital investment, and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition plan necessary to any other remedies available to the City, the City may terminate comply with this Agreement, solely at its option, by written notice to the Company.

RETENTION OF RECORDS/AUDIT. The Company agrees: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining to jobs filled by third-party employers. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the Company’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of this Agreement. (h) To permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company a written report of its findings and request for development by the Company of a corrective action plan where appropriate. The Company hereby agrees to timely correct all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, number of Permanent Jobs, or amount of private capital investment has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, number of Permanent Jobs, or amount of private capital investmentCapital Investment, and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreement, solely at its option, by written notice to the Company.

RETENTION OF RECORDS/AUDIT. ‌ The Company agrees: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining to jobs filled by third-party employers. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the Company’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of this Agreement. (h) To permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company a written report of its findings and request for development by the Company of a corrective action plan where appropriate. The Company hereby agrees to timely correct all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, Jobs or number of Permanent Jobs, Jobs or amount of private capital investment Existing Jobs has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, Permanent Jobs or number of Permanent Jobs, or amount of private capital investment, Existing Jobs and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreement, solely at its option, by written notice to the Company.

RETENTION OF RECORDS/AUDIT. ‌ The Company agrees: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining to jobs filled by third-party employers. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the Company’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of this Agreement. (h) To permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company a written report of its findings and request for development by the Company of a corrective action plan where appropriate. The Company hereby agrees to timely correct all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, number of Jobs or Permanent Jobs, or the amount of private capital investment has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, Jobs or number of Permanent Jobs, Jobs or the amount of private capital investment, and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreement, solely at its option, by written notice to the Company.

RETENTION OF RECORDS/AUDIT. ‌ The Company agrees: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining to jobs filled by third-party employers. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the Company’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of this Agreementassignments. (h) To permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company a written report of its findings and request for development by the Company of a corrective action plan where appropriate. The Company hereby agrees to timely correct all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, number of Permanent Jobs, or amount of private capital investment has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, number of Permanent Jobs, or amount of private capital investment, and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreement, solely at its option, by written notice to the Company.

RETENTION OF RECORDS/AUDIT. The Company DCFA agrees: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining to jobs filled by third-party employers. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents in its possession or control which pertain to the Agreement and the Project (collectively, “Project Records”) during the required retention period. (d) To assure that these records Project Records shall be subject at all reasonable times times, upon reasonable notice, to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. All such inspections are to be performed so as not to unreasonably disrupt or interfere with the normal business operations of DCFA. (e) At all reasonable times for as long as records are maintainedUpon the City’s written request, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the Company’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions with respect to the Project are disclosed to the City. (gf) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of this Agreement. (hg) To Upon reasonable notice, to permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documentsProject Records, facilities, goods and services of the Company DCFA which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company DCFA to assure the City of the satisfactory performance of the terms and conditions of this Agreement; provided, that such inspections and interviews shall be performed so as to not unreasonably disrupt or interfere with the normal business operations of DCFA. Following such review, the City will deliver to the Company DCFA a written report of its findings and request for development by the Company DCFA of a corrective action plan where appropriate. The Company hereby DCFA ▇▇▇▇▇▇ agrees to timely correct all deficiencies identified in the corrective action plan. (ih) If the result of any audit by the City establishes that the number of New Jobs, number of Permanent Jobs, or amount of private capital investment Capital Investment, Direct Costs or Verified Direct Costs has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the CompanyDCFA. (ji) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (kj) Should the annual reconciliation or any audit reveal that the Company DCFA has overstated the number of New Jobs, number of Permanent Jobs, or amount of private capital investmentCapital Investment, Direct Costs or Verified Direct Costs, and the Company DCFA does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreement, solely at its option, by written notice to the CompanyDCFA.

RETENTION OF RECORDS/AUDIT. The Company Developer agrees, as the same relate to the Developer’s obligations pursuant to this Agreement: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain retain, with respect to each Project, all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining Agreement with respect to jobs filled by third-party employerssuch Project. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditorsAuditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditorsAuditors, full access to and the right to examine any of the Company’s Developer’ contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions of Developer pursuant to this Agreement are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of related to this Agreement. (h) To permit persons duly authorized by the City, including but not limited to the City Council auditorsAuditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company Developer which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company Developer to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company Developer a written report of its findings and request for development by the Company Developer of a corrective action plan where appropriate. The Company Developer hereby agrees to timely correct all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, number of Permanent Jobs, or amount of private capital investment has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional To pay additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. To the extent any audit or annual reconciliation reveals an overpayment by Developer, such amount shall be applied automatically as a credit to the next payment(s) due. (kj) Should the annual reconciliation or any audit reveal that the Company has overstated Developer owe the number of New Jobs, number of Permanent Jobs, or amount of private capital investmentCity additional monies, and the Company Developer does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreementthe ▇▇▇ ▇▇▇▇▇, solely at its option, by written notice to the CompanyDeveloper.

RETENTION OF RECORDS/AUDIT. The Company agrees: (a) To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining to jobs filled by third-party employers. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) Upon demand, at no additional cost to the City, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the Company’s contracts and related records and documents, regardless of the form in which kept. (f) To ensure that all related party transactions are disclosed to the City. (g) To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments of this Agreement. (h) To permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company a written report of its findings and request for development by the Company of a corrective action plan where appropriate. The Company hereby agrees to timely correct all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, Jobs or number of Permanent Jobs, or amount of private capital investment Jobs has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, Jobs or number of Permanent Jobs, or amount of private capital investment, Jobs and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition to any other remedies available to the City, the City may terminate this Agreement, solely at its option, by written notice to the Company.

RETENTION OF RECORDS/AUDIT. The Company Developer agrees: (a) : To establish and maintain books, records and documents (including electronic storage media) with respect to itself, any Developer Subsidiaries and the Project sufficient to reflect all income and expenditures of funds provided by the City under this Agreement. (b) . To retain retain, with respect to the Project, all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of six (6) years after completion of the date of final payment by the City under this Agreement, including auditable records pertaining Agreement with respect to jobs filled by third-party employersthe Project. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this Agreement, at no additional cost to the City. (c) City or the DIA. Upon demand, at no additional cost to the CityCity or DIA, to facilitate the duplication and transfer of any records or documents during the required retention period. (d) . To assure that these records all records, supporting documents, statistical records, and any other documents (including electronic storage media) referenced in this Section XIX.22. shall be subject at all reasonable times to inspection, review, copying, or audit by personnel duly authorized by the City, including but not limited to the City Council auditors. (e) . At all reasonable times for as long as records are maintained, to allow persons duly authorized by the City, including but not limited to the City Council auditors, full access to and the right to examine any of the CompanyDeveloper’s and any Developer Subsidiary’s contracts and related records and documents, regardless of the form in which kept. (f) . To ensure that all related party transactions with respect to the development and operation of the Project are disclosed to the City. (g) . To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments any assignment of this Agreement. (h) To . Upon reasonable prior notice and during regular business hours, to permit persons duly authorized by the City, including but not limited to the City Council auditors, to inspect and copy any records, papers, documents, facilities, goods and services of the Company which Developer and any Developer Subsidiary that are relevant to this Agreement, and to interview any employees and subcontractor employees of the Company Developer and any Developer Subsidiary to assure the City of the satisfactory performance of the terms and conditions of this Agreement. Following such review, the City will deliver to the Company Developer a written report of its findings and request for development by the Company Developer or any Developer Subsidiary of a corrective action plan where appropriate. The Company Developer hereby agrees to timely correct (or cause the applicable Developer Subsidiary to correct) all deficiencies identified in the corrective action plan. (i) If the result of any audit by the City establishes that the number of New Jobs, number of Permanent Jobs, or amount of private capital investment has been overstated by five percent (5%) or more, the entire expense of the audit shall be borne by the Company. (j) Additional monies due as a result of any audit or annual reconciliation shall be paid within thirty (30) days of date of the City’s invoice. (k) Should the annual reconciliation or any audit reveal that the Company has overstated the number of New Jobs, number of Permanent Jobs, or amount of private capital investment, and the Company does not make restitution within thirty (30) days from the date of receipt of written notice from the City, then, in addition plan necessary to any other remedies available to the City, the City may terminate comply with this Agreement, solely at its option, by written notice to the Company.