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Any costs of the audit, including contracts with, or <br /> employment of, certified public accountants or public accountants, <br /> in making an audit pursuant to this section shall be borne by the <br /> Authority and shall be a charge against any unencumbered funds of <br /> the Authority available for the purpose. <br /> In any year the Board may, by unanimous vote and with the <br /> unanimous approval of the City and the Agency, replace the annual <br /> special audit with an audit covering a two-year period. <br /> SECTION 12 . CONFLICT OF INTEREST CODE <br /> The Authority by resolution shall adopt a Conflict of <br /> Interest Code as required by law. <br /> SECTION 13 . BREACH <br /> If default shall be made by the City or the Agency in any <br /> covenant contained in this Agreement, such default shall not excuse <br /> either the City or the Agency from fulfilling its obligations under <br /> this Agreement and the City and the Agency shall continue to be <br /> liable for the payment of contributions and the performance of all <br /> conditions herein contained. The City and the Agency hereby <br /> declare that this Agreement is entered into for the benefit of the <br /> Authority created hereby and the City and the Agency hereby grant <br /> to the Authority the right to enforce by whatever lawful means the <br /> Authority deems appropriate all of the obligations of each of the <br /> parties hereunder. Each and all of the remedies given to the <br /> Authority hereunder or by any law now or hereafter enacted are <br /> cumulative and the exercise of one right or remedy shall not impair <br /> the right of the Authority to any or all other remedies. <br /> [AI-45527.2 12 <br />