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shall be responsible for the distribution and collection of monthly parking <br />card and monthly revenues. <br />2. The Operator's book of account, records, and supporting source <br />documents related to this agreement or to business operations conducted <br />within or from the Premises shall be kept and made available at one <br />location within the limits of the County of Orange. City shall, through its <br />duly authorized agents or representative, have the right to examine and <br />audit said books of account, records, and supporting source documents at <br />any and all reasonable times for the purpose of determining the accuracy <br />thereof, and of the monthly statements of sales made and monies received. <br />3. The City, upon request of Operator and, at the City's sole discretion, may <br />authorize the above-referenced books and records to be kept in a single <br />location outside the limits of Orange County provided Operator shall agree <br />to pay all expenses including, but not limited to, transportation, food, and <br />lodging necessary for the City to send a representative to audit said books <br />and records. The Contract Administrator shall not exercise said right more <br />than twice each accounting year. <br />4. The full cost of said audit, as determined by City, shall be paid by <br />Operator if either or both of the following conditions exist: <br />(a) The audit reveals an underpayment of more than five percent (5%) <br />between the balance of revenue due as reported and paid by Operator <br />in accordance with this Agreement, and the balance of revenue due as <br />determined by said audit. <br />(b) Operator 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 City. Otherwise, City shall bear the cost of said audit, <br />excluding the aforementioned expenses related to audit of documents <br />kept outside the limits of Orange County. <br />Upon the request of City, Operator shall promptly provide, at Operator'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 Operator's <br />management of the Premises. Such data shall include, if required, a <br />detailed breakdown of Operator's receipts and expenses. <br />G. Failure to Maintain Adequate Records. In addition to any other remedies <br />available to the City at law, in equity, or under this Agreement, in the event the <br />Operator fails to maintain and keep books, records, and accounts relating to the <br />Operator's operations on or from the Parking Facilities and source documents <br />relating thereto, or to make the same available to the City for examination and <br />audit, or to record sales and/or to maintain registers to record sales, or to provide <br />financial statements and other information to the City regarding gross receipts as <br />25D-12