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<br />10. AUDIT REQUIREMENTS <br />CONTRACTOR shall maintain records of all transactions related to the terms and <br />conditions of this Agreement in accordance with normal industry accounting <br />procedures. CITY and/or their audit representatives shall have access for the sole <br />purpose of auditing CONTRACTOR's performance under this Agreement, to <br />records, including, but not limited to weight tickets, books, documents and papers <br />directly related to CONTRACTOR'S performance under this Agreement. CITY <br />shall schedule any desired audit at CONTRACTOR's place of business, and at a <br />date and time to be mutually agreed upon by CITY and CONTRACTOR, which <br />date shall be at least 14 days following City giving written notice to <br />CONTRACTOR of its desire to perform an audit, and the information that will be <br />required to be provided in connection therewith. Nothing herein shall be <br />construed to require access to any privileged or confidential information as set <br />forth in federal or state law. All records and information subject to the audit <br />provisions of this contract shall remain confidential. City agrees that its audit <br />representative shall be subject to the same requirements as City regarding any <br />portion of this agreement <br /> <br />11. CONFIDENTIALITY <br />Pursuant to the above Audit provision, if City receives information from its <br />auditing representatives or consultants which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, City <br />agrees that it shall not use or disclose such information except in the performance <br />of this Agreernent, and further agrees to exercise the same degree of care it uses to <br />protect its own information of like importance, but in no event less than <br />reasonable care. "Confidential Information" shall include all nonpublic <br />information. The foregoing obligations of non-use and nondisclosure shall not <br />apply to any information that (a) has been disclosed in publicly available sources; <br />(b) is, through no fault of the City disclosed in a publicly available source; (c) is <br />in rightful possession of City's consultant without an obligation of confidentiality; <br /> <br />8 <br />