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Exhibit B <br />such judgment shall be made by a court of competent jurisdiction. Neither party shall <br />request a jury apportionment. <br />5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, <br />agents and employees against any and all claims, demands, costs, expenses and <br />liability costs arising out of legal actions pursuant to items to which the GRANTEE has <br />certified. The GRANTEE acknowledges that it is solely responsible for compliance with <br />items to which it has certified. <br />H. Financial Records <br />1. The GRANTEE shall maintain satisfactory financial accounts, documents and records <br />for the project and GRANT SCOPE and to make them available to the STATE for <br />auditing at reasonable times. The GRANTEE also agrees to retain such financial <br />accounts, documents and records for five years following project and GRANT SCOPE <br />termination or final payment, whichever is later. <br />2. The GRANTEE shall keep such records as the STATE shall prescribe, including <br />records which fully disclose (a) the disposition of the proceeds of STATE funding <br />assistance, (b) the total cost of the project and GRANT SCOPE in connection with <br />such assistance that is given or used, (c) the amount and nature of that portion of the <br />GRANT SCOPE and project cost supplied by other sources, and (d) any other such <br />records that will facilitate an effective audit. <br />3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies <br />of any books, records or reports pertaining to this contract or matters related thereto <br />during GRANTEE'S regular office hours. The GRANTEE shall maintain and make <br />available for inspection by the STATE accurate records of all of its costs, <br />disbursements and receipts with respect to its activities under this contract. Such <br />accounts, documents, and records shall be retained by the GRANTEE for 5 years <br />following final payment. <br />4. The GRANTEE shall use a generally accepted accounting system. <br />I. Use of Facilities <br />1. The GRANTEE agrees to operate and maintain any property developed with the 17144 <br />GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD, 0' <br />2. The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any <br />income earned by the GRANTEE from a STATE approved non -recreational use of <br />the project shall be used for recreational purposes at the project, or, if approved by <br />the STATE, for recreational purposes within the GRANTEE's jurisdiction. <br />3. All facilities shall have operating hours consistent with the times proposed in the <br />APPLICATION and be open to members of the public in accordance with the project <br />selection criteria in the APPLICATION, unless otherwise granted permission by the <br />State and except as noted under the special provisions of this AGREEMENT or <br />under provisions of the enabling legislation and/or grant program. <br />4. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE <br />PERIOD, any property developed with GRANT MONIES under this AGREEMENT <br />shall be used only for the purposes of the grant and consistent with the GRANT <br />