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Any costs of the audit, including contracts with, or <br />employment of, certified public accountants or public accountants, <br />in making an audit pursuant to this section shall be borne by the <br />Authority and shall be a charge against any unencumbered funds of <br />the Authority available for the purpose. <br />In any year the Board may, by unanimous vote and with the <br />unanimous approval of the City and the Agency, replace the annual <br />special audit with an audit covering a two -year period. <br />SECTION 12. CONFLICT OF INTEREST CODE <br />The Authority by resolution shall adopt a Conflict of <br />Interest Code as required by law. <br />SECTION 13. BREACH <br />If default shall be made by the City or the Agency in any <br />covenant contained in this Agreement, such default shall not excuse <br />either the City or the Agency from fulfilling its obligations under <br />this Agreement and the City and the Agency shall continue to be <br />liable for the payment of contributions and the performance of all <br />conditions herein contained. The City and the Agency hereby <br />declare that this Agreement is entered into for the benefit of the <br />Authority created hereby and the City and the Agency hereby grant <br />to the Authority the right to enforce by whatever lawful means the <br />Authority deems appropriate all of the obligations of each of the <br />parties hereunder. Each and all of the remedies given to the <br />Authority hereunder or by any law now or hereafter enacted are <br />cumulative and the exercise of one right or remedy shall not impair <br />the right of the Authority to any or all other remedies. <br />LA1 -05527.2 12 <br />