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F�I MSRC AB 2766 Discretionary Fund Aternaa uels Subventron Fund Match Program Contract No. AB 2766/50102 2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of the termination of the contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR's audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD's sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 3. TERM - The term of this Contract is from date of contract execution by both parties through completion of the project or March 31, 2003, unless terminated earlier as provided for in Paragraph 4 below entitled Termination. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. 4. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachments 1 and 2, this shall constitute a material breach of the Contract. The non - breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled - "Notices." Termination shall not be the exclusive remedy of the non - breaching party. The non -breaching party reserves the right to seek any and all remedies provided by law. AQMD reserves the right to terminate this Contract for non -breach and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination for non -breach. 5. EARLY TERMINATION — This Contract may be terminated early due to any of the following circumstances: A. The vehicles or equipment become inoperable through mechanical failure of components or systems directly related to the alternative fuel technology being utilized, and such failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by Contractor's negligence, misuse, or malfeasance. 6. REIMBURSEMENT FOR EARLY TERMINATION — CONTRACTOR is obligated to comply with the alternative -fuel refueling infrastructure Operational Availability requirements set as follows: A. CONTRACTOR commits to ensuring fast -fill refueling stations remain operational and accessible to public and/or fleets for a period of no less than five (5) years from the date the station begins dispensing fuel in either its initial or expanded capability.