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'-r 7.13.17 7.13.18 ~ 7.13.19 7.13.20 .... Primary Agreement for the parties' performance of this Agreement. Equipment Compatibility. The Positron Applications will not fail to perform in accordance with the performance standards set forth in the Statement of Work as a result of the equipment specified in the Project Deliverables and provided by the Contractor under this Agreement. The Contractor shall not be responsible for the performance of the Positron Applications in combination with any other products, elements, or components not supplied by the Contractor except to the extent that the Contractor has provided the interface between such equipment and non-Positron products, elements or components pursuant to this Agreement. Records Retention. Upon reasonable advance written notice to the Contractor and subject to the confidentiality provision contained in Section 2.5 hereof, the Contractor agrees to provide to the City, to any federal or state department having monitoring or reviewing authority, to City's authorized representatives and/or their appropriate audit agencies reasonable access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed; provided, however, that this right shall not be exercised unreasonably and shall be conducted during the Contractor's normal business hours and in such a manner as to minimize disruption of the Contractor's day to day operations. Contractor shall maintain and preserve all financial records relating to this Agreement for a period of three (3) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater. Future Purchase. Should the City elect to purchase additional Positron products in the future on a sole source basis, the City will be entitled to a minimum discount of 25% of all related license fees, with pricing to be based on then-current average Positron product costs. Souroe Code Esorow. Positron shall retain a copy of the Santa Ana-specific versions of the Positron Application source code, and shall also deposit a copy of that source code into an escrow account pursuant to a SourceHarbor Escrow Agreement no Page 34