Common use of Retention and Accessibility of Records Clause in Contracts

Retention and Accessibility of Records. A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of Incentives associated with this Agreement. DEVELOPER shall retain such records and any supporting documentation for the greater of: (1)five [5] years from the end ofthe Agreement period; or (2) the period required by other applicable laws and regulations. B. 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 all material records related to the cost ofProject(the "Records")and the expenditure ofthe Incentives. CITY' s access to the Records will be limited to information needed to verify that DEVELOPER is and has been complying with the terms ofthis Agreement. Any information that is not required by law to be made public shall be kept confidential by the CITY. DEVELOPER shall not be required to disclose to the CITY or TIRZ any information that by law DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity ofthe data provided, the CITY reserves the right to require 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 DEVELOPER. The rights to access the Records shall continue as long as the Records are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized CITY representatives shall be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for herein, or any portion thereof, for reason of default. Notwithstanding Section A above, all Records shall be retained by DEVELOPER for a period offive

Retention and Accessibility of Records. A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of Incentives associated with this Agreement. DEVELOPER shall retain such records and any supporting documentation for the greater of: (1)five 1) five [5] years from the end ofthe of the Agreement period; or (2) the period required by other applicable laws and regulations.. V100815 6 CCHIP Agreement - Pine and Xxxx Bungalows B. 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 all material records related to the cost ofProject(the of Project (the "Records")and Records") and the expenditure ofthe of the Incentives. CITY' s 's access to the Records will be limited to information needed to verify that DEVELOPER is and has been complying with the terms ofthis of this Agreement. Any information that is not required by law to be b(? made public shall be kept confidential by the CITY. DEVELOPER shall not be required to disclose to the CITY or TIRZ any information that by law DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity ofthe of the data provided, the CITY reserves the right right. to require 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 DEVELOPER. The rights to access the Records shall continue as long as the Records are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized CITY representatives shall be cause for CITY and/or TIRZ and to provide notice of intent to suspend or terminate this Agreement as provided for herein, or any portion thereof, for reason of default. Notwithstanding Section A above, all Records shall be retained by DEVELOPER for a period offiveof 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.

Retention and Accessibility of Records. A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of Incentives associated with this Agreement. DEVELOPER shall retain such records and any supporting documentation for the greater of: (1)five 1) five [5] years from the end ofthe Agreement period; or (2) the period required by other applicable laws and regulations. B. DEVELOPER shall, 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 all material records related to the cost ofProject(the of Project (the "Records")and Records") and the expenditure ofthe of the Incentives. CITY' s 's access to the Records will be limited to information needed to verify that DEVELOPER is and has been complying with the terms ofthis Agreement. Any information that is not required by law to be made public shall be kept confidential by the CITY. DEVELOPER shall not be required to disclose to the CITY or TIRZ any information that by law DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity ofthe of the data provided, the CITY reserves the right to require 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 DEVELOPER. The rights to access the Records shall continue as long as the Records are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized CITY representatives shall be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for herein, or any portion thereof, for reason of default. Notwithstanding Section A above, all Records shall be retained by DEVELOPER for a period offiveof 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.

Retention and Accessibility of Records. A. DEVELOPER shall maintain the fiscal records and supporting documentation �ocumentation for expenditures of Incentives associated with this Agreement. DEVELOPER shall retain such records and any supporting documentation for the greater of: (1)five 1) five [5] years from the end ofthe of the Agreement period; or (2) the period required by other applicable laws and regulations. B. 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 all material records related to the cost ofProject(the of Project (the "Records")and Records") and the expenditure ofthe of the Incentives. CITY' s 's access to the Records will be limited to information needed to verify that DEVELOPER is and has been complying with the terms ofthis tem1s of this Agreement. Any information that is not required by law to be made public shall be kept confidential by the CITY. DEVELOPER shall not be required to disclose to the CITY or TIRZ any information that by law DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity ofthe data provided, the CITY reserves the right to require 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 DEVELOPER. The rights to access the Records shall continue as long as the Records are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized CITY representatives shall be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for herein, or any portion thereof, for reason of default. Notwithstanding Section A above, all Records shall be retained by DEVELOPER for a period offive

Retention and Accessibility of Records. A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of Incentives associated with this Agreement. DEVELOPER shall retain such records and any supporting documentation for the greater of: (1)five 1) five [5] years from the end ofthe Agreement period; or (2) the period required by other applicable laws and regulations. B. 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 all material records related to the cost ofProject(the of Project (the "Records")and Records") and the expenditure ofthe of the Incentives. CITY' s access to the Records will be limited to information needed to verify that DEVELOPER is and has been complying with the terms ofthis of this Agreement. Any information that is not required by law to be made public shall be kept confidential by the CITYtheCITY. DEVELOPER shall not be required to disclose to the CITY or TIRZ any information that by law DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity ofthe of the data provided, the CITY reserves the right to require 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 DEVELOPER. The rights to access the Records shall continue as long as the Records are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized CITY authorizedCITY representatives shall be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for herein, or any portion thereof, for reason of default. Notwithstanding Section A above, all Records shall be retained by DEVELOPER for a period offiveof 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.

Retention and Accessibility of Records. A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of Incentives 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. DEVELOPER shall retain such records and any supporting documentation for the greater of: (1)five 1) five [5] years from the end ofthe of the Agreement period; or (2) the period required by other applicable laws and regulations. B. 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 all material records related to the cost ofProject(the of Project (the "Records")and Records") and the expenditure ofthe of the Incentives, excluding, however, the Annual Incremental Property Tax Reimbursements. CITY' s 's access to the Records will be limited to information needed to verify that DEVELOPER is and has been complying with the terms ofthis of this Agreement. Any information that is not required by law to be made public shall be kept confidential by the CITY. DEVELOPER shall not be required to disclose to the CITY or TIRZ any information that by law DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity ofthe of the data provided, the CITY reserves the right to require 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 DEVELOPER. The rights to access the Records shall continue as long as the Records 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 representatives shall be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for herein, or any portion thereof, for reason of default. Notwithstanding Section A above, all Records shall be retained by DEVELOPER byDEVELOPER for a period offiveof 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.

Retention and Accessibility of Records. A. DEVELOPER shall maintain the fiscal records and supporting documentation for expenditures of Incentives oflncentives associated with this Agreement. DEVELOPER shall retain such records and any supporting documentation for the greater of: (1)five 1) five [5] years from the end ofthe of the Agreement period; or (2) the period required by other applicable laws and regulations. B. 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 all material records related to the cost ofProject(the of Project (the "Records")and Records") and the expenditure ofthe of the Incentives. CITY' s 's access to the Records will be limited to information needed to verify that DEVELOPER is and has been complying with the terms ofthis of this Agreement. Any information that is not required by law to be made public shall be kept confidential by the CITY. DEVELOPER shall not be required to disclose to the CITY or TIRZ any information that by law DEVELOPER is required to keep confidential. Should any good faith dispute or question arise as to the validity ofthe of the data provided, the CITY reserves the right to require 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 DEVELOPER. The rights to access the Records shall continue as long as the Records are retained by DEVELOPER. Failure to provide reasonable access to the Records to authorized CITY representatives shall be cause for CITY and/or TIRZ to provide notice of intent to suspend or terminate this Agreement as provided for herein, or any portion thereof, for reason of default. Notwithstanding Section A above, all Records shall be retained by DEVELOPER for a period offiveof five