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WATER DISTRICT, ORANGE COUNTY (Green Acres Project Water) - 1988
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WATER DISTRICT, ORANGE COUNTY (Green Acres Project Water) - 1988
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7.4 Metropolitan shall have the right to audit all Project costs and other data relevant to the <br />terms of this Agreement for a period of three years following the termination of this <br />Agreement. M Agreement <br />may elect to have such audits conducted by its staff or by others, <br />including independent accountants, as designated by Metropolitan. OCWD shall make <br />available for inspection to Metropolitan or its designee, upon 30 days advance notice, all <br />records, books and other documents, including all billings and costs incurred by <br />contractors, relating to the construction, operation and maintenance of the Project; any <br />grants and contributions, as described in Exhibits B, C, and D; and capital cost financing. <br />Upon 30 days advance notice and at Metropolitan's request, OCWD shall also allow <br />Metropolitan's personnel or its designee to accompany OCWD staff in inspecting OCWD's <br />contractors' records and books for the purpose of conducting such audits of Project costs. <br />7.5 In lieu of conducting its own audit(s), Metropolitan shall have the right to direct the <br />OCWD to have an independent audit conducted of all Project costs incurred in any Fiscal <br />Year(s) pursuant to this Agreement. OCWD shall then have an audit performed for said <br />Fiscal Year(s) by an independent certified public accounting firm and provide - <br />Metropolitan copies of the audit report within six months after the date the audit was <br />requested. The cost of any independent audit performed under this Agreement shall be <br />paid by OCWD and is an allowable Project operation and maintenance cost pursuant to <br />Exhibit C. Based on the results of any independent audit, an adjustment for over- or <br />under-payment of Allowable Yield for each applicable Fiscal Year shall be paid by <br />Metropolitan or OCWD within one year of determination after such adjustment. <br />7.6 OCWD shall keep all Project records for at least three years following the termination of <br />this Agreement. <br />Section 8: Term and Amendments <br />8,1 The Agreement shall commence at 12:01 AM. on July 1, 1999 and terminate on <br />October 31, 2016, subject to provisions outlined in Exhibit F. The JPA as amended shall <br />terminate at 12:00 midnight on June 30, 1999. The provisions regarding reconciliation <br />and audit shall remain in effect until three years after the termination of the Agreement. <br />8.2 This Agreement may be amended at any time by the written mutual agreement executed <br />by each of the Parties, <br />8.3 In addition to the automatic termination provided for in Section 5. 1, Metropolitan may <br />terminate this Agreement due to any other material breach of this Agreement by any Party <br />other than Metropolitan, upon thirty (30) days notice to other Parties. Metropolitan shall <br />notify OCWD of any other material breach and OCWD shall have 30 days to address and <br />rectify the breach. Only in the event of failure to rectify the breach shall Metropolitan <br />terminate the Agreement. <br />Agreement 22156 -8- <br />
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