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<br />, <br /> <br />records. Said right shall not be exercised by the Executive Director more than <br />twice each accounting year. <br /> <br />e. <br /> <br />The full cost of said audit, as determined by City, shall be done by Consultant if <br />either or both of the following conditions exist: <br /> <br />(I) <br /> <br />The audit reveals an underpayment of more than five percent (5%) <br />between the balance of revenue due as reported and paid by Consultant in <br />accordance with this agreement, and the balance of revenue due as <br />determined by said audit. <br />Consultant has failed to maintain true and complete books, records, <br />accounts and/or supportive source documents in accordance with this <br />Agreement. The adequacy of records shall be determined at the sole <br />discretion of the Executive Director. Otherwise, City shall bear the cost of <br />said audit, excluding the aforementioned expenses related to audit of <br />documents kept outside the limits of Orange County. <br /> <br />(2) <br /> <br />f. <br /> <br />Upon the request of City, Consultant shall promptly provide, at Consultant's <br />expense, necessary data to enable City to fully comply with any and every <br />requirement of the State of California or the United States of America for <br />information or reports relating to this Agreement, and to Consultant's use of the <br />Premises. Such date shall include, if required, a detailed breakdown of <br />Company's receipts and expenses. <br /> <br />5. MAINTENANCE AND REPAIR <br /> <br />a. <br /> <br />Consultant shall keep Premises in a safe, clean, sanitary and attractive condition. <br />Consultant shall be responsible for sweeping and cleaning, including removal of <br />graffiti, and for the maintenance of landscaping, if any, in or on the Premises, on a <br />regular basis. <br /> <br />b. <br /> <br />Consultant shall keep and maintain in good and substantial repair, all paving and <br />striping, tire bumpers, drainage facilities, trash disposal facilities and lighting <br />fixtures (including maps). <br /> <br />c. <br /> <br />Consultant shall, to the satisfaction of the City, keep and maintain in good <br />condition and substantial repair, all signs, attendant booths, ticket dispensers, gate <br />mechanisms, cash registers, fee indicators, time clocks, detector loops, posts, <br />chains and fire extinguishers, garage elevators and restrooms. <br /> <br />d. <br /> <br />Consultant shall be responsible for the replacement of gate arms, posts and chains <br />as required by City, at the entrances or exits to the Premises. <br /> <br />e. <br /> <br />Consultant shall promptly notify City of any damage to or deficiency or defect in <br />any part of the Premises, or in any equipment, utility system or installations <br />therein, whether or not Consultant is obligated to repair the same. <br /> <br />11 <br /> <br />~ <br />