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District Agreement 12-0624 <br />38. PARTNERS will maintain and make available to each other all WORK-related documents, <br />including financial data, during the term of this agreement and retain those records for four <br />(4) years from the date of termination or COMPLETION OF WORK, or three (3) years <br />from the date of final federal voucher, whichever is later. <br />39. PARTNERS have the right to audit each other in accordance with generally accepted <br />governmental audit standards. <br />CALTRANS, the State auditor, FHWA, and SANTA ANA will have access to all <br />WORK-related records of each partner for audit, examination, excerpt, or transaction. <br />The examination of any records will take place in the offices and locations where said <br />records are generated and/or stored and will be accomplished during reasonable hours of <br />operation. <br />The audited partner will review the preliminary audit, findings, and recommendations, <br />and provide written comments within 60 calendar days of receipt. <br />Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs <br />arising out of the dispute resolution process will be paid within 30 calendar days of the <br />final audit or dispute resolution findings. <br />40. PARTNERS consent to service of process by mailing copies by registered or certified <br />mail, postage prepaid. Such service becomes effective 30 calendar days after mailing. <br />However, nothing in this agreement affects PARTNERS' rights to serve process in any <br />other matter permitted by law. <br />41. PARTNERS will not incur costs beyond the funding commitments in this agreement. If <br />IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to <br />complete WORK, SPONSOR(S) will seek out additional funds and PARTNERS will <br />amend this agreement. <br />42. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities <br />impacted by WORK in a safe and operable condition acceptable to CALTRANS. <br />43. If WORK stops for any reason, PARTNERS are still obligated to implement all applicable <br />commitments and conditions included in the PROJECT environmental documentation, <br />permits, agreements, or approvals that are in effect at the time that WORK stops, as they <br />apply to each partner's responsibilities in this agreement, in order to keep PROJECT in <br />environmental compliance until WORK resumes. <br />PACT Version 9.1 5-28-09 <br />7of17 <br />23A-11